Opinion
CV 21-6626 JCS
09-08-2021
UNITED STATES OF AMERICA, Plaintiff, v. ALL FUNDS AND CRYPTOCURRENCY IN A FINANCIAL ACCOUNT AT NEXO, HELD IN THE NAME OF NICHOLAS PERZICHILLI, ASSOCIATED WITH FINANCIAL ACCOUNT NUMBER, 0X1CB246DB528BFE9CE78779FF8E7E1F5C 0E99EE48 Defendant.
STEPHANIE M. HINDS (CABN 154284) Acting United States Attorney HALLIE HOFFMAN (CABN 210020) Chief, Criminal Division CHRIS KALTSAS (NYBN 5460902) Assistant United States Attorney Attorneys for United States of America
STEPHANIE M. HINDS (CABN 154284) Acting United States Attorney HALLIE HOFFMAN (CABN 210020) Chief, Criminal Division CHRIS KALTSAS (NYBN 5460902) Assistant United States Attorney Attorneys for United States of America
WARRANT OF ARREST OF PROPERTY IN REM
HON. JOSEPH C. SPERO United States Chief Magistrate Judge
TO: THE ATTORNEY GENERAL OF THE UNITED STATES OR HIS DULY AUTHORIZED REPRESENTATIVE
WHEREAS, on August 26, 2021, the United States of America filed a verified complaint for civil forfeiture in the United States District Court in the Northern District of California against the Defendant Property, alleging that the property is subject to seizure and civil forfeiture to the United States for the reasons alleged in the complaint; and
WHEREAS, the Defendant Property includes: All Funds And Cryptocurrency In A Financial Account At Nexo, Held In The Name Of Nicholas Perzichilli, Associated With Financial Account Number, 0x1cB246dB528Bfe9cE78779fF8E7E1f5c0E99eE48; and
WHEREAS, the Court, having reviewed the Verified Complaint, hereby finds, in accordance with Rule G(3)(b)(ii) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, that there is probable cause to believe that the Defendant Property, which is not presently in the Government's possession, custody, or control or subject to a judicial restraining order, constitutes the proceeds of and/or property in or traceable to the specified criminal violations and thus are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and Rule G(G)(3)(ii) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions; and
WHEREAS, Supplemental Rule G(3)(c)(i) provides that the warrant of arrest in rem must be delivered to a person or organization authorized to execute it who may be a marshal or any other United States officer or employee, someone under contract with the United States, or someone specially appointed by the Court for that purpose;
YOU ARE HEREBY COMMANDED to request that the proper authorities of Nexo Financial Services Ltd., detain or seize the Defendant Property; prevent their sale, transfer, or alienation; and release them into the custody of the United States of America or maintain them during the pendency of this proceeding or until further order of this Court. Upon application of the plaintiff, United States of America, and pursuant to the All Writs Act, 28 U.S.C. § 1651(a), the Court shall issue any order necessary to effectuate and prevent the frustration of the execution of this Warrant.
YOU ARE FURTHER COMMANDED, promptly after execution of this process, to file the same in this Court with your return thereon, identifying the individuals upon whom copies were served and the manner employed.