Opinion
19 Cr. 822 (AJN)
06-24-2021
UNITED STATES OF AMERICA v. BINYAMIN MAZOLA, Defendant.
AUDREY STRAUSS United States Attorney for the Southern District of New York JACOB GUTWILLIG, Stephanie Lake / Jacob Gutwillig Assistant United States Attorneys BINYAMIN MAZOLA, Todd Bass Esq., Patrick Joyce, Esq. Attorneys for Defendant.
AUDREY STRAUSS United States Attorney for the Southern District of New York
JACOB GUTWILLIG, Stephanie Lake / Jacob Gutwillig Assistant United States Attorneys
BINYAMIN MAZOLA, Todd Bass Esq., Patrick Joyce, Esq. Attorneys for Defendant.
CONSENT PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT
HONORABLE ALISON J. NATHAN, UNITED STATES DISTRICT JUDGE
WHEREAS, on or about November 15, 2019, BINYAMIN MAZOLA (the “Defendant”), was charged in two-count Sealed Indictment, 19 Cr. 822 (AJN) (the “Indictment”), with conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h) (Count One); and money laundering, in violation of Title 18, United States Code, Sections 1956(a)(3)(A), 1956(a)(3)(B), and 2 (Count Two);
WHEREAS, the Indictment included a forfeiture allegation as to Counts One and Two of the Indictment;;
WHEREAS, on or about January 8, 2020, the Defendant pled guilty to Count Two of the Indictment, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Count Two of the Indictment and agreed to forfeit to the United States, pursuant to Title 18, United States Code, Section 982(a)(1), a sum of money representing property involved in the offense charged in Count Two of the Indictment;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $38, 080.76 in United States currency representing the amount of property involved in the offense charged in Count Two of the Indictment; and
WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the Defendant, the property involved in the offense charged in Count Two of the Indictment 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, Stephanie Lake and Jacob Gutwillig of counsel, and the Defendant, and his counsel, Todd Bass, Esq. and Patrick Joyce, Esq., that:
1. As a result of the offense charged in Count Two of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $38, 080.76 in United States currency (the “Money Judgment”), representing the amount of property involved in the offense charged in Count Two of the Indictment, 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, BINYAMIN MAZOLA, 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 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.
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 Transnational Criminal Enterprises Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007.
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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.