Opinion
S4 19 Cr. 833 (SHS)
07-11-2022
UNITED STATES OF AMERICA v. JENNIFER SHAH, Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York KERSTEN A. FLETCHER ROBERTS. SOBELMAN SHEB SWETT Assistant United States Attorneys. JENNIFER SHAH PRIYA CHAUDHRY, ESQ. SETH J. ZUCKERMAN, ESQ. SHAET.YN GAMBINO-MORRISON, ESQ. KRISTEN MOHR. ESQ. Attorneys for Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York KERSTEN A. FLETCHER ROBERTS. SOBELMAN SHEB SWETT Assistant United States Attorneys.
JENNIFER SHAH PRIYA CHAUDHRY, ESQ. SETH J. ZUCKERMAN, ESQ. SHAET.YN GAMBINO-MORRISON, ESQ. KRISTEN MOHR. ESQ. Attorneys for Defendant.
OF FORFEITURE/MONEY JUDGMENT
HONORABLE SIDNEY H. STEIN UNITED STATES DISTRICT JUDGE.
WHEREAS, on or about March 30, 2021, JENNIFER SHAH (the “Defendant”), and another, was charged in a two-count superseding Indictment, S4 19 Cr. 833 (SHS) (the “Indictment”), with conspiracy to comm it wire fraud, in violation of Title 18, United States Code, Sections 1349 (Count One); and conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h) (Count Two);
WHEREAS, the Indictment included a forfeiture allegation as to Count One of the Indictment, seeking forfeiture to the United States, pursuant to Title 18, United States Code. Section 982(a)(8), of any and all real or personal property used or intended to be used to commit, to facilitate, or to promote the commission of the offense charged in Count One of the Indictment; and any and all real or personal property constituting, derived from, or traceable to the gross proceeds that the Defendant obtained, directly or indirectly, as a result of the offense charged in Count One of the Indictment, including but not limited to a sum of money in United States currency representing the amount of proceeds traceable to the commission of offense charged in Count One of the Indictment;
WHEREAS', on or about July 11, 7022, the Defendant pled guilty to Count One of the Indictment, 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, a sum of money equal to $6,500,000 in United States currency, representing proceeds traceable to the commission of the offense charged in Count One of the Indictment, for which the Defendant is jointly and severally liable with her co-defendant Stuart Smith, to the extent a forfeiture money judgment is entered against Stuart Smith in this case;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $6,500,000 in United States currency, representing the amount of proceeds traceable in the offense charged in Count One of the Indictment 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 Indictment 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 Kiersten A. Fletcher, Robert B. Sobelman, and Sheb Swett, of counsel, and the Defendant and her counsel, Priya Chaudry, Seth J. Zuckerman, Shaelyn Gambino-Morrison, and Kristen Mohr, Esq., that:
1. Asa result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $6,500,000 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, for which the Defendant is jointly and severally liable with co-defendant Stuart Smith, to the extent a forfeiture money judgment is entered against Stuart Smith in this case, 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, JENNIFER
SHAH, 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 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 RulF32i2 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.