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United States v. Graham, 16 Cr. 786 (NSR)-02. (2020)

Court: District Court, S.D. New York Number: infdco20200311876 Visitors: 5
Filed: Feb. 28, 2020
Latest Update: Feb. 28, 2020
Summary: PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT NELSON S. ROM N , District Judge . WHEREAS, on or about November 29, 2016, JACQUELINE GRAHAM (the "defendant"), was charged in an Indictment, 16 Cr. 786 (NSR) (the "Indictment"), with conspiracy to commit mail fraud, wire fraud and bank fraud, in violation of Title 18, United States Code, Section 1349 (Count One); WHEREAS, the Indictment included a forfeiture allegation as to Count One of the Indictment, seeking forfeiture to the United State
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PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT

WHEREAS, on or about November 29, 2016, JACQUELINE GRAHAM (the "defendant"), was charged in an Indictment, 16 Cr. 786 (NSR) (the "Indictment"), with conspiracy to commit mail fraud, wire fraud and bank fraud, in violation of Title 18, United States Code, Section 1349 (Count One);

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 981(a)(1)(c) and Title 28, United States Code, Section 2461(c), any property constituting, and derived from, proceeds obtained directly and indirectly as a result of commission of one or more of the offenses charged in Count One of the Indictment;

WHEREAS, following a jury trial before this Court, on or about June 12, 2019, the jury returned a guilty verdict against on Count One of the Indictment;

WHEREAS, on or about February 28, 2020, the defendant was sentenced and ordered to forfeit $138,941.86 in United States currency representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that the defendant personally

NOW IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

1. As a result of the offense charged in Count One of the Indictment, to which the defendant was found guilty at trial, a money judgment in the amount of $138,941.86 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, shall be entered against the defendant.

2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Preliminary Order of Forfeiture/Money Judgment is final as to the defendant, JACQUELINE GRAHAM, 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 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 in the Asset 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 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 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.

SO ORDERED.

Source:  Leagle

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