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United States v. Alvares

United States District Court, Eastern District of California
Nov 17, 2022
1:18-CR-00247-JLT-SKO (E.D. Cal. Nov. 17, 2022)

Opinion

1:18-CR-00247-JLT-SKO

11-17-2022

UNITED STATES OF AMERICA, Plaintiff, v. JAVIER JIMENEZ ALVARES, Defendant.

PHILLIP A. TALBERT United States Attorney ALEXANDRE DEMPSEY Assistant United States Attorney Attorneys for Plaintiff United States of America


PHILLIP A. TALBERT United States Attorney ALEXANDRE DEMPSEY Assistant United States Attorney Attorneys for Plaintiff United States of America

APPLICATION AND ORDER FOR MONEY JUDGMENT

On September 23, 2022, defendant Javier Jimenez Alvares entered a guilty plea to Count One -Conspiracy to Commit Mail and Wire Fraud in violation of 18 U.S.C. § 1349, and Count Twenty-Six -Conspiracy to Launder Money in violation of 18 U.S.C. § 1956(h) of the Indictment.

As part of his plea agreement with the United States, defendant Javier Jimenez Alvares agreed to forfeit voluntarily and immediately $3,397,775.00, as a personal money judgment pursuant to Fed. R. Crim. P. 32.2(b)(1), which reflects a reasonable compromise between the parties for forfeiture purposes concerning the proceeds the defendant obtained as a result of violations of 18 U.S.C. §§ 1349 and 1956(h), to which he has pled guilty. See Defendant Hill's Plea Agreement ¶ II.F. Plaintiff hereby applies for entry of a money judgment as follows:

1. Pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), 28 U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b)(1), the Court shall impose a personal forfeiture money judgment against defendant Javier Jimenez Alvares in the amount of $3,397,775.00.

2. The above-referenced personal forfeiture money judgment is imposed based on defendant Javier Jimenez Alvares' conviction for violating 18 U.S.C. § 1349 (Count One) and 18 U.S.C. § 1956(h) (Count Twenty-Six). Said amount reflects a reasonable compromise between the parties for forfeiture purposes concerning the proceeds the defendant obtained, which the defendant agreed is subject to forfeiture based on the offense of conviction. Any funds applied towards such judgment shall be forfeited to the United States of America and disposed of as provided for by law.

3. Payment of the personal forfeiture money judgment should be made in the form of a cashier's check made payable to the Department of Treasury, and sent to the U.S. Attorney's Office, Attn: Asset Forfeiture Unit, 2500 Tulare Street, Suite 2500, Fresno, CA 93721. Prior to the imposition of sentence, any funds delivered to the United States to satisfy the personal money judgment shall be seized and held by the Department of Treasury, in its secure custody and control.

ORDER

For good cause shown, the Court hereby imposes a personal forfeiture money judgment against defendant Javier Jimenez Alvares in the amount of $3,397,775.00. Any funds applied towards such judgment shall be forfeited to the United States of America and disposed of as provided for by law. Prior to the imposition of sentence, any funds delivered to the United States to satisfy the personal money judgment shall be seized and held by the Department of Treasury, in its secure custody and control.

IT IS SO ORDERED.


Summaries of

United States v. Alvares

United States District Court, Eastern District of California
Nov 17, 2022
1:18-CR-00247-JLT-SKO (E.D. Cal. Nov. 17, 2022)
Case details for

United States v. Alvares

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JAVIER JIMENEZ ALVARES, Defendant.

Court:United States District Court, Eastern District of California

Date published: Nov 17, 2022

Citations

1:18-CR-00247-JLT-SKO (E.D. Cal. Nov. 17, 2022)