Filed: Sep. 13, 2018
Latest Update: Sep. 13, 2018
Summary: Preliminary Order of Forfeiture ANDREW P. GORDON , District Judge . This Court finds that defendant Maria Jesus Luciano pled guilty to Counts One through Eleven of an Eleven-Count Criminal Indictment charging her with Mail Fraud in violation of Title 18, United States Code, Section 1341. Criminal Indictment, ECF No. 1; Memorandum in Support of Guilty Plea Without Plea Agreement, ECF No. 37; Change of Plea, ECF No. ___. The in personam criminal forfeiture money judgment is any property, rea
Summary: Preliminary Order of Forfeiture ANDREW P. GORDON , District Judge . This Court finds that defendant Maria Jesus Luciano pled guilty to Counts One through Eleven of an Eleven-Count Criminal Indictment charging her with Mail Fraud in violation of Title 18, United States Code, Section 1341. Criminal Indictment, ECF No. 1; Memorandum in Support of Guilty Plea Without Plea Agreement, ECF No. 37; Change of Plea, ECF No. ___. The in personam criminal forfeiture money judgment is any property, real..
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Preliminary Order of Forfeiture
ANDREW P. GORDON, District Judge.
This Court finds that defendant Maria Jesus Luciano pled guilty to Counts One through Eleven of an Eleven-Count Criminal Indictment charging her with Mail Fraud in violation of Title 18, United States Code, Section 1341. Criminal Indictment, ECF No. 1; Memorandum in Support of Guilty Plea Without Plea Agreement, ECF No. 37; Change of Plea, ECF No. ___.
The in personam criminal forfeiture money judgment is any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Section 1341, a specified unlawful activity as defined in Title 18, United States Code, Sections 1956(c)(7)(A) and 1961(1)(B), or a conspiracy to commit such offense, and is subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(1)(C) with Title 28, United States Code, Section 2461(c) and Title 21, United States Code, Section 853(p).
This Court finds that Maria Jesus Luciano shall pay an in personam criminal forfeiture money judgment of $1,298,748.56 to the United States of America, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2); Title 18, United States Code, Section 981(a)(1)(C) with Title 28, United States Code, Section 2461(c); and Title 21, United States Code, Section 853(p).
This Court finds that the United States of America may amend this order at any time to add subsequently located property or substitute property to the forfeiture order pursuant to Fed. R. Crim. P. 32.2(b)(2)(C) and 32.2(e).
The in personam criminal forfeiture money judgment complies with Honeycutt v. United States, ___ U.S. ___, 137 S.Ct. 1626 (2017).
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States recover from Maria Jesus Luciano an in personam criminal forfeiture money judgment of $1,298,748.56.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send copies of this Order to all counsel of record and three certified copies to the United States Attorney's Office, Attention Asset Forfeiture Unit.
