Opinion
21 Cr. 565 (JPC)
06-28-2022
UNITED STATES OF AMERICA v. JUAN TEPI, Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York Matthew J. King Assistant United States Attorney Zachary S. Taylor, Esq. Attorney for Defendant Taylor & Cohen LLP
DAMIAN WILLIAMS
United States Attorney for the Southern District of New York
Matthew J. King
Assistant United States Attorney
Zachary S. Taylor, Esq.
Attorney for Defendant
Taylor & Cohen LLP
CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT
HONORABLE JOHN P. CRONAN, UNITED STATES DISTRICT JUDGE
WHEREAS, on or about September 13, 2021, JUAN TEPI (the “Defendant”), and another, was charged in a three-count Indictment, 21 Cr. 565 (JPC) (the “Indictment”), with conspiracy to commit Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951 (Count One); Hobbs Act robbery, in violation of Title 18, United States Code, Sections 1951 and 2 (Count Two); and a firearms offense, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i) (ii) and 2 (Count Three);
WHEREAS, the Indictment included a forfeiture allegation as to Counts One and Two of the Indictment, 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(c), of any and all property, real and personal, that constitutes or is derived from proceeds traceable to the commission of the offenses charged in Counts One and Two of the Indictment, including but not limited to a sum of money in United States currency representing the amount of proceeds traceable i to the commission of the offenses charged in Counts One and Two of the Indictment;
WHEREAS, on or about June 28, 2022, the Defendant pled guilty to Count Two of the Indictment, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Count Two of the Indictment and agreed to forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a) (1)(C) and Title United States Code, Section 2461 (c): (i) a sum of money equal to $1,500 in United States currency, representing proceeds traceable to the commission of the offense charged in Count Two of the Indictment;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $1,500 in United States currency representing the amount of proceeds traceable to the offense charged in Count Two of the Indictment that the Defendant personally obtained, for which the Defendant is jointly and severally liable with co-defendant, Jose Cabrera, to the extent a forfeiture money judgment is entered against Jose Cabrera in this case; 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 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 Attorney, Matthew J. King of counsel, and the Defendant and his counsel, Zachary S. Taylor, Esq., that:
1. Asa result of the offense charged in Count Two of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $1,500 in United States currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense charged in Count Two of the Indictment that the Defendant personally obtained, for which the Defendant is jointly and severally liable with co-defendant, Jose Cabrera, to the extent a forfeiture money judgment is entered against Jose Cabrera 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, JUAN TEPI, 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 to the United States Marshals Service, 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. The United States Marshals Service is authorized to deposit the payments on the Money Judgment into the 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.