Opinion
19 Cr. 655 (JMF)
03-02-2022
UNITED STATES OF AMERICA v. JOSE ANTONIO VITON, Defendant.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York. EMILY A. JOHNSON KIERSTEN A. FLETCHER Assistant United States Attorneys JOSE ANTONIO VITON STEVEN BRILL, ESQ. Attorney for Defendant
DAMIAN WILLIAMS
United States Attorney for the Southern District of New York.
EMILY A. JOHNSON
KIERSTEN A. FLETCHER
Assistant United States Attorneys
JOSE ANTONIO VITON
STEVEN BRILL, ESQ.
Attorney for Defendant
CONSENT PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
WHEREAS, on or about September 9, 2019, JOSE ANTONIO VITON (the "Defendant"), was charged in a one-count Information, 19 Cr. 655 (JMF) (the "Information"), with conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h) (Count One);
WHEREAS, the Information included a forfeiture allegation as to Count One of the Information, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section 982(a)(1), of any and all property, real and personal, involved in the offense charged in Count One of the Information, or ay property traceable to such property, including but not limited to a sum of money in United States currency representing the amount of property involved in the offense charged in Count One of the Information;
WHEREAS, on or about September 9, 2019, the Defendant pled guilty to Count One of the Information, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegation with respect to Count One of the Information and agreed to forfeit to the United States, pursuant to Title 18, United States Code, Section 982(a)(1), a sum of money in United States currency, representing the property involved in the offense charged in Count One of the Information;
WHEREAS, the Defendant consents to the entry of a money judgment in the amount of $2, 800 in United States currency, representing the amount of property involved in the offense charged in Count One of the Information; and
WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the Defendant, the property involved in the offense charged in Count One 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, Emily A. Johnson and Kiersten A. Fletcher of counsel, and the Defendant, and his counsel, Steven Brill, Esq., that:
1. As a result of the offense charged in Count One of the Information, to which the Defendant pled guilty, a money judgment in the amount of $2, 800 in United States currency (the "Money Judgment"), representing the amount of property involved in the offense charged in Count One of the Information, 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, JOSE ANTONIO VITON, 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.
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.