Opinion
S4 21 Cr. 530 (SHS)
10-24-2022
UNITED STATES OF AMERICA v. MARC ELEFANT, Defendant.
PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT
HONORABLE SIDNEY H. STEIN, DISTRICT JUDGE
WHEREAS, on or about October 24 2022, MARC ELEFANT (the “Defendant”), was charged in a one-count Superseding Information, S4 21 Cr. 530 (SHS) (the “Information”), with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 371.
WHEREAS, the Information included a forfeiture allegation, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), of any and all property, real and personal, that constitutes or is derived from, proceeds traceable to the commission of the offense charged in Count One of the Information, 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 in Count One of the Information that the Defendant personally obtained;
WHEREAS, on or about October2022, the Defendant pled guilty to Count One of the Information;
WHEREAS, the Government asserts that $955,281.54 in United States currency, represents the amount of proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained;
WHEREAS, the Government seeks a money judgment in the amount of $955,281.54 in United States currency pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), representing the amount of proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained; and
WHEREAS, the Court finds that, as a result of acts and/or omissions of the Defendant, the proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained cannot be located upon the exercise of due diligence.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
1. Asa result of the offense charged in Count One of the Information for which the Defendant was found guilty, a money judgment in the amount of $955,281.54 in United States currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained, shall be entered against the Defendant. In the event that the Defendant pays $477,640.77 towards the Money Judgment, the Government will accept such payment in full satisfaction of the Money Judgment.
2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, MARC ELEFANT, 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 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 or its designee is authorized to deposit the payments on the Money Judgment in the Asset 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, upon entry of this Preliminary Order of Forfeiture/Money Judgment, 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. This Court shall retain jurisdiction to enforce this Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure.
8. The Clerk of the Court shall forward three certified copies of this Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Tara LaMorte, Money Laundering and Transnational Criminal Enterprises Unit, United States Attorney's Office, One Saint Andrews Plaza, New York, New York 10007.
SO ORDER