Opinion
19 Cr. 833 (SHS)
09-14-2022
UNITED STATES OF AMERICA v. CHAD ALLEN, Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York Kiersten A. Fletcher, Robert B. Sobelman, Sheb Swett Assistant United Slates Attorneys CHAD ALLEN, Jason E. Foy, Esq., Eric Saaraga, Esq., Foy & Seplowitz, LLC.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York
Kiersten A. Fletcher, Robert B. Sobelman, Sheb Swett Assistant United Slates Attorneys
CHAD ALLEN, Jason E. Foy, Esq., Eric Saaraga, Esq., Foy & Seplowitz, LLC.
CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT
HONORABLE SIDNEY H. STEIN, UNITED STATES DISTRICT JUDGE.
WHEREAS, on or about November 19, 2019, CHAD ALLEN (the “Defendant”), among others, was charged in one count of a two-count Indictment, 19 Cr. 833 (SHS) (the “Indictment”), with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Sections 1349,2326(1), and 2326(2) (Count One);
WHEREAS, the Indictment incl uded a forfeiture allegation as to Count One of the Indictment, seeking forfeiture to the United States, pursuant to Title 18, United Slates Code, Section 982(a)(8), of any and all real or personal property used, or intended to be used to commit, facilitate, or to promote the commission of the offense charged in Count One of the Indictment; and any and all real or personal property, constituting, derived from or traceable to the gross proceeds that the Defendant obtained, directly or indirectly, as a result of the offense charged in Count One of the Indictment, including but not limited to a sum of money in United States currency, representing the amount of proceeds traceable to the commission of the offense charged m Count One of the Indictment, and certain specific property;
WHEREAS, on or about January 31,2022, die Defendant pled guilty to Count One of the Indictment, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Count One of the Ind ictment and agreed to forfeit to the United States, pursuant to Title 18, United States Code, Section 982(a)(8), a sum of money equal to $1,983,049.56 in United States currency, representing proceeds traceable to the commission 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 $1,983,049.56 in United States currency representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, for which the Defendant is jointly and severally liable with co-defendant Shane Hanna, to the extent a forfeiture money judgment is entered against Hanna in this case; and
WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the Defendant, the proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained 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 Attorneys, Kiersten A. Fletcher, Robert B. Sobelman, and Sheb Swett, of counsel, and the Defendant, and his counsel, Jason E. Foy, Esq. and Eric Sarraga, Esq., that:
I. Asa result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $1,983,049.56 in United States currency (the “Money Judgment”), representing tire amount of proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, for which the Defendant is jointly and severally liable with co-defendant Shane Hanna, to the extent a forfeiture money judgment is entered against Hanna in this case, 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 CHAD ALLEN, 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 United States Customs and Border Protection, 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. Upon entry of this Consent Preliminary Order of Forfeiture/Money Judgment, and pursuant to Title 21, United States Code, Section 853, United States Customs and Border Protection, or its designee the Office of Fines, Penalties, and Forfeiture shall be authorized to deposit the payment on the Money Judgment into the Treasury' 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 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: