Opinion
CR21-010RSL
06-02-2023
UNITED STATES OF AMERICA, Plaintiff, v. ARIFKHAN PATHAN, Defendant.
JEHIEL I. BAER Assistant United States Attorney United States Attorney's Office
JEHIEL I. BAER Assistant United States Attorney United States Attorney's Office
ORDER OF FORFEITURE
HON. ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court on the United States' Motion for Order of Forfeiture (“Motion”) seeking to forfeit, to the United States, Defendant Arifkhan Pathan's interest in the following property:
• a judgment for a sum of money (also referred to as a forfeiture money judgment) in the amount of $5,000, representing the property involved in Defendant Pathan's Laundering Monetary Instruments offense, in violation of 18 U.S.C. §§ 1956 and 2.
The Court, having reviewed the United States' Motion, as well as the other papers and pleadings filed in this matter, hereby FINDS entry of an Order of Forfeiture is appropriate because:
• Property involved in Laundering Monetary Instruments, in violation of 18 U.S.C. §§ 1956 and 2, is forfeitable pursuant to 18 U.S.C. § 982(a)(1);
• In his Plea Agreement, Defendant agreed to forfeit his interest in the aboveidentified judgment for a sum of money pursuant to 18 U.S.C. § 982(a)(1), as it reflects the property involved in such offense (Dkt. No. 45, ¶ 14); and,
• This judgment for a sum of money is personal to Defendant Pathan; pursuant to Federal Rule of Criminal Procedure (“Fed. R. Crim. P.”) 32.2(c)(1), no third-party ancillary process is required before forfeiting it.
NOW, THEREFORE, THE COURT ORDERS:
1. Pursuant to 18 U.S.C. § 982(a)(1) and Defendant Pathan's Plea Agreement, Defendant's interest in the above-identified sum of money in the amount of $5,000 is fully and finally forfeited, in its entirety, to the United States;
2. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A)-(B), this Order will become final as to Defendant Pathan at the time he is sentenced; it will be made part of the sentence; and, it will be included in the judgment;
3. No right, title, or interest in the identified sum of money in the amount of $5,000 exists in any party other than the United States;
4. Pursuant to Fed. R. Crim. P. 32.2(e), in order to satisfy this sum of money, in whole or in part, the United States may move to amend this Order, at any time, to include substitute property having a value not to exceed $5,000; and,
5. The Court will retain jurisdiction in this case for the purpose of enforcing this Order, as necessary.
IT IS SO ORDERED.