Opinion
15 Cr. 628 (AT)
07-19-2022
UNITED STATES OF AMERICA v. LIN MIAO, Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York Richard CoopSZ DATE Assistant United States AttorneyOne St. Andrew's Plaza Victor Sherman, Esq. Attorney for Defendant Law Offices of Victor Sherman
DAMIAN WILLIAMS United States Attorney for the Southern District of New York
Richard CoopSZ DATE Assistant United States AttorneyOne St. Andrew's Plaza
Victor Sherman, Esq. Attorney for Defendant Law Offices of Victor Sherman
CONSENT PRELIMINARY ORDER OF FORFEITURE MONEY JUDGMENT
ANALISA TORRES United States District Judge
WHEREAS, on or about February 18, 2022, LIN MIAO (the “Defendant”), was charged, in a three-count Information, S6 15 Cr. 616 (AT) (the “Information”), with conspiracy to commit mail fraud and wire fraud, in violation of Title 18, United States Code, Section 1349 (Count One); conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956 (h) (Count Two); and committing perjury, in violation of Title 18, United States Code, Sections 1621 (1) and (2) (Count Three);
WHEREAS, the Information included a forfeiture allegation as to Count One of the Information, 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, of 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;
WHEREAS, the Information included a forfeiture allegation as to Count Two of the Information, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section 982(a)(1), of all property, real and personal, involved in the commission of the offense charged in Count Two of the Information;
WHEREAS, on or about September 14, 2015, the Defendant pled guilty to Counts One through Three of the Information, pursuant to an agreement with the Government, wherein the Defendant admitted the forfeiture allegations with respect to Counts One and Two of the Information and agreed to forfeit, pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 982(a)(1) and Title 28, United States Code, Section 2461(c), a sum of money equal to $56,183,067.45 in United States currency, representing proceeds traceable to the commission of the offenses charged in Counts One and Two of the Information and property involved in the offense charged in Count Two of the Information;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $56,183,067.45 in United States currency representing the amount of proceeds traceable to the offenses charged in Count One of the Information that the Defendant personally obtained and the property involved in Count Two of the Information, of which the Defendant is jointly and severally liable with (i) Andrew Bachman, (“Bachman”) charged in United States v. Andrew Bachman, 15 Cr. 253 (JMF) up to $7,596,565.74 the amount of the money judgment entered against him on August 29, 2019; (ii) Darcy Wedd (“Wedd”) charged in United States v. Darcy Wedd, et.al., 15 Cr. 616 (AT) up to $190,468.49 the amount of the money judgment entered against him on April 2, 2018; and (iii) Christopher Goff (collectively with Wedd and Bachman, the “Coconspirators”) charged in Wedd up to $352,799.62 the amount of the money judgment entered against him on May 18,2018;
WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the Defendant, the proceeds traceable to the offenses charged in Counts One and Two of the Information that the Defendant personally obtained and the property involved in the offenses charged in Count Two of the Information 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, Richard Cooper of counsel, and the Defendant, and his counsel, Victor Sherman, Esq., that:
1. As a result of the offenses charged in Counts One and Two of the Information, to which the Defendant pled guilty, a money judgment in the amount of $56,183,067.45 in United States currency representing the amount of proceeds traceable to the offenses charged in Count One of the Information that the Defendant personally obtained and the property involved in Count Two of the Information, of which the Defendant is jointly and severally liable with (i) Bachman up to $7,596,565.74 the amount of the money judgment entered against him on August 29,2019; (ii) Weddup to $190,468.49 the amount of the money judgment entered against him on April 2,2018; and (iii) Goff up to $352,799.62 the amount of the money judgment entered against him on May 18, 2018, 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, LIN MIAO, 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 Department of Treasury, 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 Treasury Department 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.