Opinion
20 Cr. 526 (JPO)
07-16-2021
UNITED STATES OF AMERICA v. DENNIS FOWLER, Defendant.
AUDREY STRAUSS United States Attorney for the Southern District of New York REBECCA T. DELL Assistant United States Attorney DENNIS FOWLER MARTIN COHEN, ESQ. Attorney for Defendant
AUDREY STRAUSS United States Attorney for the Southern District of New York
REBECCA T. DELL Assistant United States Attorney
DENNIS FOWLER MARTIN COHEN, ESQ. Attorney for Defendant
CONSENT PRELIMINARY ORDER OF FORFEITURE / MONEY JUDGMENT
HONORABLE J. PAUL OETKEN UNITED STA TES DISTRICT JUDGE
WHEREAS, on or about October 5, 2020, DENNIS FOWLER (the “Defendant”) was charged in a one-count Information, 20 Cr. 526 (JPO) (the “Information”), with mail fraud, in violation of Title 18, United States Code, Sections 1341 and 2 (Count One);
WHEREAS, the Information included a forfeiture allegation as to Count One, 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(c) any and all property, real and personal, that constitutes or is derived from the proceeds traceable to the commission of the offense in Count One of the Information, including but not limited to a sum of money in United States currency representing the amount of proceeds personally obtained by the Defendant traceable to the commission of the offense in Count One of the Information;
WHEREAS, on or about April 15, 2021, the Defendant pled guilty to Count One of the Information;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $115, 153.19 in United States currency representing, pursuant to pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), the amount of proceeds traceable to the offense charged in Count One of the Information 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 offense charged in Count One of the Information 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 Attorney, Rebecca T. Dell of counsel, and the Defendant, and his counsel, Martin Cohen, Esq., that:
1. Asa result of the offense charged in Count One of the Information, to which the Defendant pled guilty, a money judgment in the amount of $115, 153.19 in United States currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense charged in Count One of the Information 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, DENNIS FOWLER, 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 to the United States Marshals Service, and delivered by mail to the United States Attorney's Office, Southern District of New 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: