Opinion
1:19 Cr. 443 (LAK)
06-22-2021
UNITED STATES OF AMERICA v. DANIEL MELAMBD, a/k/a "Danny," Defendant.
AUDREY STRAUSS, United Slates Attorney for the Southern District of Now York. THOMAS JOHN WRIGHT, Assistant United States Attorney. DANIEL MELAMED, KEVIN KERTING, esq., Attorney for Defendant.
AUDREY STRAUSS, United Slates Attorney for the Southern District of Now York.
THOMAS JOHN WRIGHT, Assistant United States Attorney.
DANIEL MELAMED, KEVIN KERTING, esq., Attorney for Defendant.
CONSENT PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT
HONORABLE LEWIS A. KAPLAN, UNITED STATES DISTRICT JUDGE.
WHEREAS, on or about October 17, 2019, DANIEL MELAMED, a/k/a "Danny," (the "Defendant"), and another, were charged in a three-count Scaled Superseding Indictment, S119 Cr. 443 (LAK) (the "Indictment"), with conspiracy to commit arson, in violation of Title 18, United Stales Code, Section 844(n) (Count One); and arson, in violation of Title 18, United States Code, Sections 844(i) and 2 (Counts Two and 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 982(a)(2)(B), of any and all property constituting, or derived from, proceeds the Defendant obtained directly or indirectly as a result of the of Tenses charged in Counts One through Three of the Indictment, including but not limited !o a sum of money in United States currency representing (he amount of proceeds traceable to the commission of (he offenses charged in Counts One through Three of the Indictment, and pursuant lo Title 18, United Slates Code, Section 844(c), of any and all explosive materials involved or used or intended to be used in the offenses charged in Counts One through Three of this Indictment;
WHEREAS, on or about November 25, 2020, the Defendant pled guilty to Count One ol'lhe Indictment, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Counl Oncof (lie Indictment and agreed to forfeit, pursuant lo Title 18, United Stales Code, Section 982(a)(2)(B), a sum of money in Unilccl Slates currency, representing any mul all property constituting, or derived from, proceeds the Defendant obtained directly or indirectly as a result of the offense charged in Count One of the Indictment;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $500,000 in United States currency, representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that (he 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 claused in Count One of She Indictment that the Defendant personally obtained cannot he located upon the exercise of due diligence.
IT IS HEREBY STIPULATED AND AGREED, by and between the United Stales of America, by its attorney Audrey Strauss, United States Attorney, Assistant United Slates Attorney, Thomas John Wright of counsel, and the Defendant, and his counsel, Kevin Keating, Esq., that;
1. As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $500,000 in United Slates currency (ihe "Money Judgment"), representing (he amount of proceeds traceable lo the offense charged in Count One of Ihe Indictment lhai the Defendant personally obtained, shall be entered against the Defendant.
2. Pursuant to Rule 32.2(b)(4) of Ihe Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as lo Ihe Defendant, DANIEL MELAMED, 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, lo the United Stales Marshals Service, and delivered by mail to the United States Attorney's Office, Southern District of New York, Aim: Money Laundering and Transnational Criminal enterprises Unil, 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 Hie Assets Forfeiture Fund, and the United Slates shall have clear title to such forfeited property.
5. Pursuant to Title 21, United Slates Code, Section 853(p), the United Stales is authorized to seek forfeiture of substitute assets of the Defendant up to the uncollceled amount of the Money Judgment.
6. Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the United Slates Attorney's Office is authorized lo conduct any discovery needed to identify, locale or dispose of (brfeilable property, including depositions, interrogatories, requests for production of documents and the issuance of subpoenas.
7. The Court shall retain jurisdiction to enforce this Consent Pielimmury 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 Slates Attorney Alexander J, Wilson, Co-Chiefof (he Money Laundering and Transnational Criminal Bnlcrpriscs Unil, United Stales Attorney's Office, One St. Andrew's Plaza, New York, New York 10007.
9. The signature page oflhis Consent Prelim in my Order of Forfeiture/Money Judgment may bo 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.