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U.S. v. Aazam, 2:17-CR-277-JAD-(VCF). (2018)

Court: District Court, D. Nevada Number: infdco20180824a35 Visitors: 11
Filed: Aug. 20, 2018
Latest Update: Aug. 20, 2018
Summary: Preliminary Order of Forfeiture JENNIFER A. DORSEY , District Judge . This Court finds that defendant David Aazam pled guilty to Count One of a Five-Count Criminal Indictment charging him with Conspiracy to Commit Bank Fraud and Wire Fraud in violation of Title 18, United States Code, Sections 1343, 1344, and 1349. Criminal Indictment, ECF No. 1; Change of Plea, ECF No. __; Plea Agreement, ECF No. __. This Court finds defendant David Aazam agreed to the imposition of the in personam crimin
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Preliminary Order of Forfeiture

This Court finds that defendant David Aazam pled guilty to Count One of a Five-Count Criminal Indictment charging him with Conspiracy to Commit Bank Fraud and Wire Fraud in violation of Title 18, United States Code, Sections 1343, 1344, and 1349. Criminal Indictment, ECF No. 1; Change of Plea, ECF No. __; Plea Agreement, ECF No. __.

This Court finds defendant David Aazam agreed to the imposition of the in personam criminal forfeiture money judgment of $297,816 set forth in the Plea Agreement, the Bill of Particulars, and the Forfeiture Allegations of the Criminal Indictment. Criminal Indictment, ECF No. 1; Bill of Particulars, ECF No. __; Change of Plea, ECF No. __; Plea Agreement, ECF No. ___.

The in personam criminal forfeiture money judgment is (1) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Section 1344, or Title 18, United States Code, Section 1349, conspiracy to commit such offense; (2) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Sections 1343 and 1344, specified unlawful activities as defined in Title 18, United States Code, Sections 1956(c)(7)(A) and 1961(1)(B), or Title 18, United States Code, Section 1349, conspiracy to commit such offenses; and (3) any property constituting, or derived from, proceeds obtained directly or indirectly, as the result of violations of Title 18, United States Code, Sections 1343 and 1344, affecting a financial institution, or Title 18, United States Code, Section 1349, conspiracy to violate such offenses, 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); Title 18, United States Code, Section 982(a)(2)(A); and Title 21, United States Code, Section 853(p).

This Court finds that David Aazam shall pay an in personam criminal forfeiture money judgment of $297,816 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); Title 18, United States Code, Section 982(a)(2)(A); 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 David Aazam an in personam criminal forfeiture money judgment of $297,816.

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.

Source:  Leagle

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