Opinion
18 Cr. 487 (KPF)
10-05-2021
UNITED STATES OF AMERICA v. BRENT BORLAND, Defendant.
AUDREY STRAUSS, EDWARD A. IMPERATORE, NEGAR TEKEEI Assistant United States Attorneys. BRENT BORLAND, FLORIAN MIEDEL, ESQ., CHRISTOPHER MADIOU, ESQ., SABRINA SHROFF, ESQ. Attorneys for Defendant.
AUDREY STRAUSS, EDWARD A. IMPERATORE, NEGAR TEKEEI Assistant United States Attorneys.
BRENT BORLAND, FLORIAN MIEDEL, ESQ., CHRISTOPHER MADIOU, ESQ., SABRINA SHROFF, ESQ. Attorneys for Defendant.
ORDER CONSENT PRELIMINARY OF FORFEITURE/ MONEY JUDGMENT
HONORABLE KATHERINE POLK FAILLA, UNITED STATES DISTRICT JUDGE.
WHEREAS, on or about July 12, 2018, BRENT BORLAND (the "Defendant"), was charged in a three-count Indictment, 18 Cr. 487 (KPF) (the "Indictment"), with conspiracy to commit securities fraud and wire fraud, in violation of Title 18, United States Code, Section 371 (Count One); securities fraud, in violation of Title 15, United States Code, Sections 78j(b) and 78ff; Title 17, Code of Federal Regulations, Section 240.10b-5; and Title 18, United States Code, Section 2 (Count Two); and wire fraud, in violation of Title 18, United States Code, Sections 1343 and 2 (Count Three);
WHEREAS, the Indictment included a forfeiture allegation as to Counts One through Three of the Indictment, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461. of any and all properly, real and personal, that constitutes or is derived from proceeds traceable to the commission of the offenses alleged in Counts through Three of the Indictment;
WHEREAS, on or about February 13, 2019, the Defendant pled guilty to Counts One through Three of the Indictment;
WFIEREAS, the Defendant consents to the entry of a money judgment in the amount of $26,584,970 in United States currency representing the amount of proceeds traceable 1 to the offenses charged in Counts One through Three of the Indictment that the Defendant personally obtained; and
WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the Defendant, the proceeds traceable to the offenses charged in Counts One through Three of the Indictment that the Defendant personally obtained cannot be located upon the exercise of due diligence.
IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Audrey Strauss, United States Attorney, Assistant United States Attorneys, Edward A. Imperatore and Negar Tekeei of counsel, and the Defendant, and his counsel, Florian Miedel, Esq. and Christopher Madiou, Esq., that:
1. As a result of the offenses charged in Counts One through Three of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $26,584,970 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offenses charged in Counts One through Three of the Indictment that the Defendant personally obtained, shall be entered against the Defendant.
2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, BRENT BORLAND, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith.
3. All payments on the outstanding money judgment shall be made by postal money order, bank or certified check, made payable, in this instance, to the United States Marshals Service, and delivered by mail to the United States Attorney's Office, Southern District of New 2 York, Attn: Money Laundering and Transnational Criminal Enterprises Unit, One St. Andrew's Plaza, New York, New York 10007 and shall indicate the Defendant's name and case number.
4. The United States Marshals Service is authorized to deposit the payments on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title to such forfeited property.
5. Pursuant to Title 21, United States Code, Section 853(p), the United States is authorized to seek forfeiture of substitute assets of the Defendant up to the uncollected amount of the Money Judgment.
6. Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the United States Attorney"s Office is authorized to conduct any discovery needed to identify, locate or dispose of forfeitable property, including depositions, interrogatories, requests for production of documents and the issuance of subpoenas.
7. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure.
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8. The signature page of this Consent Preliminary Order of Forfeiture/Money Judgment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument.
SO ORDERED: 4