Opinion
S4 19 Cr. 663 (ER)
09-13-2022
UNITED STATES OF AMERICA v. LUIS PARRALES, Defendant.
DAMIAN WILLIAMS, United States Attorney for the Southern District of New York NICHOLAS CHIUCHIOLO Assistant United States Attorneys LUIS PARRALES, Evan Lipton, Esq.
DAMIAN WILLIAMS, United States Attorney for the Southern District of New York
NICHOLAS CHIUCHIOLO Assistant United States Attorneys
LUIS PARRALES, Evan Lipton, Esq.
CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT
HONORABLE EDGARDO RAMOS, UNITED STATES DISTRICT JUDGE.
WHEREAS, on or about __, LUIS PARRALES (the “Defendant”), was charged in a two-count Superseding Information, S4 19 Cr. 663 (ER) (the “Information”), with narcotics conspiracy, in violation of Title 21, United States Code, Section 846 (Count One); and conspiracy to transport stolen vehicles, in violation of Title 18, United States Code, Section 371 (Count Two);
WHEREAS, the Information included, inter alia, 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)(5), of any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the offense charged in Count Two of the Information;
WHEREAS, on or about _________, the Defendant pled guilty to Counts One and Two of the Information, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Count Two of the Information and agreed to forfeit to the United States, pursuant to Title 18, United States Code, Section 982(a)(5), a sum of money equal to $1,009,474.00 in United States currency, representing proceeds traceable to the commission of the offense charged in Count Two of the Information;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $1,009,474.00 in United States currency, representing the amount of proceeds traceable to the offense charged in Count Two 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 Two of the Information that the Defendant personally obtained 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 Attorneys, Nicholas Chiuchiolo and Peter Davis of counsel, and the Defendant, and his counsel, Evan Lipton, Esq., that:
1. Asa result of the offense charged in Count Two of the Information, to which the Defendant pled guilty, a money judgment in the amount of $1,009,474.00 in United States currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense charged in Count Two 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, LUIS PARRALES, 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.
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.
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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: