Opinion
S1 20 Cr. 127 (GHW)
11-30-2021
UNITED STATES OF AMERICA v. CHRISTIAN IRIZARRY, a/k/a “Murda, ” Defendant.
DAMIAN WILLIAMS United States Attorney Ni Qian Assistant United States Attorney CHRISTIAN IRIZARRY, Benjarpm Heinrich, Esq. Attorney for Defendant
DAMIAN WILLIAMS
United States Attorney
Ni Qian
Assistant United States Attorney
CHRISTIAN IRIZARRY,
Benjarpm Heinrich, Esq.
Attorney for Defendant
CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT
HONORABLE GREGORY H. WOODS, UNITED STATES DISTRICT JUDGE.
WHEREAS, on or about November 30, 2021, CHRISTIAN IZARRY, Mu “Murda” (the “Defendant”), was charged in a Superseding Information, SI 20 Cr. 127 (GHW) (the “Information”), with narcotics conspiracy, in violation of Title 21, United States Code, Section 846 (Count One);
WHEREAS, the Information included a forfeiture allegation as to Count One of the Information, 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 the Defendant obtained, directly or indirectly, as a result of the violation charged in Count One of the Information, and any and all property used or intended to be used in any manner or part to commit, and to facilitate the commission of the violation charged in Count One of the Information, including but not limited to a sum in United States currency representing the amount of all proceeds obtained as a result of the controlled substances offense charge in Count One of the Information;
WHEREAS, on or about November 30, 2021, the Defendant pled guilty to Count One of the Information, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Count One of the Information and agreed to forfeit to the United States, pursuant to Title 21, United States Code, Section 853, a sum of money equal 1 to $2, 810 in United States currency, representing the amount of proceeds traceable to the commission of the offense charged in Count One of the Information;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $2, 810 in United States currency representing the amount of proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained; 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 Information that the Defendant personally obtained cannot be located upon the exercise of due diligence.
WHEREAS, the Government has identified the following specific asset in which the Defendant has an ownership interest:
a. $590 in United States currency seized from the Defendant on or about February 17, 2020 at the time of his arrest(the “Substitute Asset”); and
WHEREAS, the Defendant consents to the forfeiture of all of his right, title and interest in the Substitute Asset; and
WHEREAS, pursuant to Title 21, United States Code, Sections 853(g) and (p), and Rules 32.2(b)(3), (b)(6) and 32.2(e) of the Federal Rules of Criminal Procedure, the Government is now entitled, pending any assertion of third-party claims, to reduce the Substitute Asset to its possession and to notify any and all persons who reasonably appear to be a potential claimant of their interest herein.
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, Ni Qian of counsel, and the Defendant, and his counsel, Benjamin Heinrich, Esq., that: 2
1. Asa result of the offense charged in Count One of the Information, to which the Defendant pled guilty, a money judgment in the amount of $2, 810 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.
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, CHRISTIAN IRIZARRY, 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 in 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. 3
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. 4
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. 5