Opinion
S3 21 Cr. 247 (PAE)
03-08-2022
UNITED STATES OF AMERICA v. MACKENZY TOUSSAINT, Defendant.
DAMIAN WILLIAMS, United States Attorney for the Southern District of New York. Dina McLeod, Assistant United States Attorney MACKENZY TOUSSAINT Bret Martin, Esq., Attorney for Defendant.
DAMIAN WILLIAMS, United States Attorney for the Southern District of New York.
Dina McLeod, Assistant United States Attorney
MACKENZY TOUSSAINT
Bret Martin, Esq., Attorney for Defendant.
CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT
HONORABLE PAUL A. ENGELMAYER, UNITED STATES DISTRICT JUDGE.
WHEREAS, on or about December 7, 2021, MACKENZY TOUSSAINT (the “Defendant”), was charged in a seven-count superseding Indictment, S3 21 Cr. 247 (PAE) (the “Indictment”), with conspiracy to commit major fraud against the United States, in violation of Title 18, United States Code, Section 371 (Count One), major fraud against the United States, in violation of Title 18, United States Code, Section 1031 and 2 (Count Two), conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349 (Count Three); and wire fraud, in violation of Title 18, United States Code, Section 1343 and 2 (Count Four).
WHEREAS, the Indictment included a forfeiture allegation as to Counts Three and Four 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 Three and Four 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 the offenses in Counts Three and Four of the Indictment that the Defendant personally obtained;
WHEREAS, on or about on or about March 8, 2022, the Defendant pled guilty to Count Three 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, pursuant to Title 18, United States Code, Section 981(a)(1)(C), a sum of money equal to $194,649 in United States currency, representing proceeds traceable to the commission of the offense charged in Count Three of the Indictment; and
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $194,649 in United States currency, representing the amount of proceeds traceable to the offense charged in Count Three 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 Three 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, Dina McLeod of counsel, and the Defendant, and his counsel, Bret Martin, Esq., that:
1. Asa result of the offense charged in Count Three of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $194,649 in United States currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense charged in Count Three of the Indictment that the Defendant personally obtained, shall be entered against the Defendant.
2. Pursuant to Rule 3 2.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, MACKENZY TOUSSAINT, 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. The United States Department of the Treasury or its designee is 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.
8. The Clerk of the Court shall forward three certified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Alexander J. Wilson, Co-Chief of the Money Laundering and Transnational Criminal Enterprises Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007.
9. 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: