Opinion
S5 20 Cr. 162 (JPO)
06-10-2021
UNITED STATES OF AMERICA v. CARL GAROFALO, Defendant.
AUDREY STRAUSS United States Attorney for the Southern District of New York ANDREW C. ADAMS DATE SARAH MORTAZAVI Assistant United States Attorneys CARL GAROFALO MICHAEL T. CORNACCHIA, ESQ. CARLA SANDERSON, ESQ. Attorneys for Defendant
AUDREY STRAUSS United States Attorney for the Southern District of New York
ANDREW C. ADAMS DATE SARAH MORTAZAVI Assistant United States Attorneys
CARL GAROFALO
MICHAEL T. CORNACCHIA, ESQ. CARLA SANDERSON, ESQ. Attorneys for Defendant
CONSENT PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT
HWORABLE J. PAUL OETKEN UNITED STATES DISTRICT JUDGE
WHEREAS, on or about June 10, 2021, CARL GAROFALO (the "defendant") was charged in a one-count Superseding Information (the "Information"), with misbranding and adulteration of drugs in interstate commerce, in violation of Title 21, United States Code, Sections 331 and 333;
WHEREAS, the Information included a forfeiture allegation as to Count One of the Information, seeking forfeiture to the United States, pursuant to Title 21, United States Code, Sections 334, of any and all drugs that were adulterated or misbranded when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce, or which may not, under the provisions of section 331(11), 344, or 355 of this title, have been introduced into interstate commerce, including but not limited to a sum of money in United States currency representing the value of such property (the "Forfeitable Property");
WHEREAS, on or about June 10, 2021, the defendant pled guilty to Count One of the Information, pursuant to a plea___sum of money equal to 56, 700, 000 in United States currency representing the value of the Forfeitable Property (the "money Judgment";
WHEREAS, the defendant admits that, as a result of acts and/or omissions of the defendant, the Forfeitable Property that the defendant personally obtained cannot be located upon the exercise of due diligence;
WHEREAS, the defendant consents to the entry of the Money Judgment in the amount of $6,700,000 in United States currency representing the value of Forfeitable Property;
WHEREAS, the Government agrees to accept a payment of 1751, 000, pursuant to the schedule and terms set forth below, in full satisfaction of the Money Judgement, WHEREAS, the defendant is also known as "Carlo Garofalo";
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 Andrew C. Adams and Sarah Mortazavi, of counsel, and the defendant, and his counsel, Michael T. Cornacchia, Esq. and Carla Sanderson, Esq., that:
1. As a result of the offense charged in Count One of the Information, to which the defendant pled guilty, the Money Judgment in the amount of $6,700,000 in United States currency, representing the value of the Forfeitable Property shall be entered against the defendant.
2. The Money Judgment shall be deemed to be satisfied in full if the defendant remits payment of $751,000, to the United States according to the following schedule:
a. At least $350,000 shall be remitted to the United States on or before the date of the defendant's sentencing in this matter.
b. The balance of the $751,000 not remitted to the United States in accordance with Paragraph 2(a) of this Order shall be remitted to the United States within eighteen months of the date of the defendant's sentencing proceeding (the "Payment Period").
c. During the pendency of the Payment Period, the defendant will create a lien, in favor of the United States, as to the defendant's equity in the real property located at 2721 South Palm Aire Drive, Pompano Beach, Florida (the "Pompano Beach Property") and such ___
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e. Within thirty (30) days of the payment of the $751,000, the Government will file a Satisfaction of the Money Judgment with the Court or a similar document and provide a certified copy of the Satisfaction of the Money Judgment suitable for filing with the Broward County Clerk to clear the lien on the Pompano Beach Property.
f. In the event that the defendant fails to remit a total of $751,000 on or before the expiration of the Payment Period, the entire Money Judgement shall be due and owing and nothing in the foregoing shall limit the United States' ability to proceed against any assets of the defendant to satisfy the Money Judgement, pursuant to Title 21, United States Code, Section 853(p). Further, the defendant agrees that, in the event that a total of $751,000 is not remitted to the United States on or before the expiration of the Payment Period, the Pompano Beach Property shall be forfeited to the United States and the proceeds of the sale by the United States of the Pompano Beach Property shall be applied in partial satisfaction of the Money Judgement.
3. 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, shall be deemed part of the sentence of the defendant and will be included in the judgment of conviction therewith.
4. 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 overnight mail to the United States Attorney's Office, Southern District of New York, Attn: Money Laundering and Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007 and shall indicate the defendant's name and case number.
5. 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.
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.
8. The Clerk of the Court shall forward three certified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Alexander J. Wilson, Co-Chief of the Money Laundering and Asset Forfeiture Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007.
9. 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.