Opinion
S1 21 Cr. 599 (ALC)
05-20-2022
UNITED STATES OF AMERICA v. ALLEN ALEXIS ABISADA GUZMAN, Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York Alexander Li Assistant United States Attorney One St. Andrew's Plaza ALLEN ALEXIS ABISADA GUZMAN Allen Alexis Abisada Guzman Jonathan Kaye, Esq. Attorney for Defendant
DAMIAN WILLIAMS United States Attorney for the Southern District of New York Alexander Li Assistant United States Attorney One St. Andrew's Plaza
ALLEN ALEXIS ABISADA GUZMAN Allen Alexis Abisada Guzman Jonathan Kaye, Esq. Attorney for Defendant
CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT
Honorable Andrew L. Carter, United States District Judge
WHEREAS, on or about October 26, 2021, ALLEN ALEXIS ABISADA GUZMAN (the "Defendant"), among others, was charged in a one-count Superseding Indictment, S1 21 Cr. 599 (ALC) (the "Indictment"), with narcotics conspiracy resulting in death and serious bodily injury, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(A);
WHEREAS, the Indictment included a forfeiture allegation as to Count One of the Indictment, seeking forfeiture to the United States, pursuant to Title 21, United States Code, Section 853, of any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the offense charged in Count One of the Indictment, and any and all property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the offense charged in Count One of the Indictment, including but not limited1 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 Indictment;
WHEREAS, on of about May 10, 2022, the Defendant pled guilty to a lesser included offense of Count One of the Indictment, to wit, narcotics conspiracy, in violation of Title 21, United States Code, Sections 846, 841(b)(1)(B), and 841(b)(1)(C), pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Count One of the Indictment and agreed to forfeit to the United States, pursuant to Title 21, United States Code, Section 853, a sum of money equal to $1,593,200 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 $1,593,200 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, directly or indirectly, for which the Defendant is jointly and severally liable with co-defendants JOSE LUIS TEJADA AYBAR and MARTIN PEREZ, to the extent that a forfeiture money judgment is entered against one or both of them in this case;
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, directly or indirectly, 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 Attorney, Alexander Li of counsel, and the Defendant, and his counsel, Jonathan Kaye, Esq., that:
1. As a result of the offense charged in Count One of the Indictment, t6 which the Defendant pled guilty, a money judgment in the amount of $1,593,200 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, directly or indirectly, shall be entered against the Defendant, for which the Defendant is jointly and severally liable with co-defendants JOSE LUIS TEJADA AYBAR and MARTIN PEREZ, to the extent that a forfeiture money judgment is entered against one or both of them in this case.
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, ALLEN ALEXIS ABISADA GUZMAN, 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 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. Upon entry of this Consent Preliminary Order of Forfeiture/Money Judgment, and pursuant to Title 21, United States Code, Section 853, the United States Marshals Service shall be authorized to deposit the payment on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title to such forfeited property.
5. Pursuant to 21 U.S.C. § 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.