Opinion
S119 Cr. 683 (GBD)
10-27-2021
UNITED STATES OF AMERICA v. CLARA LOEFFELMAN, a/k/a "Mona," Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York JULIANA N. MURRAY Assistant United States Attorney CLARA LOEFFELMAN, JENIFER E. WILLIS, ESQ., Attorney for Defendant
DAMIAN WILLIAMS United States Attorney for the Southern District of New York
JULIANA N. MURRAY Assistant United States Attorney
CLARA LOEFFELMAN, JENIFER E. WILLIS, ESQ., Attorney for Defendant
CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT
GEORGE B. DANIELS, UNITED SPATES DISTRICT JUDGE
WHEREAS, on or about May 14, 2021, CLARA LOEFFELMAN, a/k/a "Mona" (the "Defendant"), was charged in a one-count Superseding Misdemeanor Information, S119 Cr. 683 (GBD) (the '"Information"), with conspiracy to commit bank theft, in violation of Title 18, United States Code, Section 371 (Count One);
WHEREAS, the Information included a forfeiture allegation as to Count One of the Information 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, as a result of the commission of the offense charged in Count One of the Information;
WHEREAS, on of about May 14, 2021, the Defendant pled guilty to Count One of the Information, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Count One of the Information and agreed to forfeiture to the United States as result of the commission of the offense charged in Count One of the Information;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $4,000 in United States currency representing, pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461, the proceeds traceable to 1 the commission of 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 commission of the offense charged in Count One of the Information 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 Damian Williams, United States Attorney, Assistant United States Attorney, Juliana N. Murray of counsel, and the Defendant, and her counsel, Jennifer E. Willis, Esq., that:
1. As a result of the offense charged in Count One of the Information, to which the Defendant pled guilty, a money judgment in the amount of $4,000 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, CLARA LOEFFELMAN a/k/a "Mona," 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 Department of Treasury, 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 2 St. Andrew's Plaza, New York, New York 10007 and shall indicate the Defendant's name and case number
4. The United States Department of Treasury or its designee shall be authorized to deposit the payment on the Money Judgment in the Treasury Assets Forfeiture Fund, and the United States shall have clear title to such forfeited property.
5. Pursuant to 21 U.S.C. § 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. 3
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