USA v. Knox

United . States,
v.
Roger 	Knox,
United 	States 	District 	Court
District 	of 	Massachusetts
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)
)
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)
Criminal 	Action No.
18-10385-NMG
Defendant.
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MEMORANDUM & ORDER
GORTON, 	J.
Pending 	before 	the 	Court 	is 	a 	Motion 	to 	Compel 	Enforcement
of 	Restitution 	and 	for 	Expedited Relief 	(Docket 	No. 	300) 	filed
by Alan 	Colonel 	Goldberg 	("Goldberg"). 	For 	the 	reasons 	that
follow, 	that 	motion will 	be 	DENIED.
I. 	Facts
In 	January, 	2020, 	Roger 	Knox pled guilty 	to 	one 	count 	of
securities 	fraud 	and one 	count 	of 	conspiracy 	to 	commit
securities 	fraud. 	His 	original 	sentence 	in October, 	2023,
included 	36 	months' 	imprisonment, 	one 	year 	of 	supervised 	release
and 	permitted 	the 	government 	a 	short 	period 	of 	time 	to move 	for
a 	specific 	amount 	of 	restitution. 	Subsequently, 	in January,
2024, 	this 	Court 	entered 	an 	amended 	judgment 	against 	Knox
ordering 	restitution 	in 	the 	amount 	of 	$58,046,278 	to 	be 	awarded
to 	8,051 	victims, 	one 	of 	whom 	is 	Goldberg.
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As 	of 	December, 	2025, 	Goldberg 	has 	yet 	to 	receive 	any
payment 	despite 	the 	fact 	that 	he 	has 	sent 	several 	letters 	to 	the
third-party 	claims 	administrator, 	Rust 	Consulting 	("Rust").
Goldberg, 	acting 	prose, 	brings 	the 	instant 	motion 	to 	enforce
payment 	of 	restitution and 	for 	expedited 	relief.
II. 	Discussion
Goldberg 	contends 	that 	the 	Court 	entered a 	separate
restitution 	order 	in 	his 	favor 	and 	that 	he 	"was 	not 	part 	of 	the
general 	pro 	rata 	victim pool 	and was 	instead 	awarded 	an
individual 	judgment" 	of 	$398,760. 	He 	requests 	payment 	of 	that
amount 	without 	further 	delay.
His 	petition 	includes 	an 	email 	received 	from 	Nikki 	Valila,
a 	victim 	assistance 	specialist 	in 	the 	United 	States 	Attorney's
Office 	for 	the 	District 	of 	Massachusetts. 	The 	email 	includes 	a
screenshot 	from 	the 	Victim Notification 	System 	("VNS") 	that
states:
The 	Court 	ordered 	restitution 	to 	be 	paid 	in 	case
2019R00680 	in 	the 	total 	amount 	of 	$398,760.41 	to ALAN
C. 	GOLDBERG.
Goldberg's 	motion makes 	no 	reference 	to 	the 	next 	paragraph 	of
the 	email, 	which 	states 	that
[w]hile 	a 	precise 	timeline 	cannot 	be 	provided, 	the
government 	is 	committed 	to 	processing payments 	as
promptly as 	possible. 	Payments 	made 	to 	the 	victims
will 	be 	made 	on a 	pro 	rata 	basis 	based 	on 	the 	total
funds 	collected by 	the 	Government.
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The 	government 	opposes 	Goldberg's 	motion, 	emphasizing 	that
the 	amended 	judgment 	does 	not 	single 	out 	any victim 	for
prioritized 	restitution 	but 	rather 	orders 	that 	any payment 	made
that 	is 	not 	payment 	in 	full 	is 	to 	be 	paid proportionately among
the 	parties 	named.
Goldberg 	includes 	no 	further 	support 	for 	his 	alleged
individualized 	judgment 	other 	than 	the 	VNS 	screenshot. 	The
wording 	of 	the 	first 	sentence 	of 	the 	email 	may 	suggest 	an
individual 	assignment 	but 	the 	following 	paragraph 	clearly 	states
that 	payments 	to 	victims 	are 	to 	be 	pro 	rata 	without 	any
suggestion 	of 	priorities. 	The 	$398,760 	to 	which Goldberg 	is
entitled will 	be 	paid 	to 	him 	if 	and when 	restitution 	is
collected 	in 	full .
The 	amended 	judgment 	further 	undermines 	any 	contention 	that
the 	VNS 	letter was 	intended 	to 	prioritize 	Goldberg. 	The
additional 	terms 	of 	the 	judgment 	for 	criminal 	monetary penalties
state 	that 	payments 	will 	be 	"divided proportionately among 	the
parties 	named" 	without 	reference 	to 	any 	individual 	party or
subset 	of 	parties 	that 	will 	be 	treated 	differently.
The 	Court 	declines 	to 	address 	Goldberg's 	request 	for
expedited 	relief. 	In 	February, 	2026, 	Rust 	calculated 	the 	pro
rata 	share 	due 	to 	each victim, 	after 	expenses, 	from 	the
$15,588,484 	collected 	to 	date 	and 	issued paper 	checks 	in 	the 	pro
rata 	amount 	to 	the 	8,068 	victims.
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ORDER
For 	the 	foregoing 	reasons, 	Goldberg's 	Motion 	to 	Compel
Enforcement 	of 	Restitution Judgment 	and 	for 	Expedited Relief
(Docket 	No. 	300) 	is 	DENIED.
So 	ordered.
Senior United 	States 	District 	Judge
Dated: 	March 2.3 	, 	2026
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