Court filing
Order of Forfeiture (Money Judgment) as to Adiana Pierre — USA v. Pierre et al. (Dkt. 81, D. Mass. No. 1:23-mj-05013)
Filed June 7, 2024 in USA v. Pierre et al.; one of 19 filings from this case.
Record facts
| Court | U.S. District Court for the District of Massachusetts |
|---|---|
| Filed | 2024-06-07 |
U.S. District Court for the District of Massachusetts · No. 1:24-cr-10007-MJJ · Doc. 81 · 2024-06-07 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA
)
)
V.
) Criminal No. 24-CR-l 0007-MJJ
)
ADIANA PIERRE,
)
Defendant.
ORDER OF FORFEITURE {MONEY JUDGMENT)
JOUN, D.J.
WHEREAS, on January 16, 2024, the United States Attorney for the District of
Massachusetts filed a a two-count Information, charging Adiana Pic1Te (the "Defendant"), with
Conspiracy to Commit Wire Fraud, in violation of 18 U$J;, § 1349 (Count One), and Conspiracy
to Engage in Unlawful Money Transactions, in violation of 18 U S,C, § 1956(h) (Count Two);
WHEREAS, the lnfonnation also included a Wire Fraud Forfeiture Allegation, pursuant to
18 U S C § 981 (a)( 1 }(C) and 28 U S C § 2461 CG), which provided notice that the United States
intended to seek the forfeiture, upon conviction of the Defendant of any offense alleged in Count
One of the lnfonnation, of any property, real or personal, that consititues, or is derived from,
proceeds traceable to the commission of the offense;
WHEREAS, such property specifically included, without limitation:
a.
$427,605 in United States currency, to be entered in the form of an Order of
Forfeiture (Money Judgement) against ADIANA PIERRE;
WHEREAS, the Information also included a Money Laundering Forfeiture Allegation,
pursuant to 18 lJ S C § 982(a}( 1 ). which provided notice that the United States intended to seek
Case 1:24-cr-10007-MJJ Document 81 Filed 06/07/24 Page 1 of 4
the forfeiture, upon conviction of the Defendant of any offense alleged in Count One o_f the
Information, of any property, real or personal, that consititues, or is derived from, proceeds
traceable to the commission of the offense;
WHEREAS, such property specifically included, without limitation:
a.
$427,605 in United States currency, to be entered in the form of an Order of
Forfeiture (Money Judgement) against ADIANA PIERRE;
WHEREAS, the Information fmther provided that, ifany of the above-described forfcitablc
property, as a result of any act or omission by the Defendant, (a) cannot be located upon the
exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c)
has been placed beyond the jurisdiction of the Court; ( d) has been substantially diminished in
value; or (e) has been commingled with other property which cannot be divided without difficulty,
the United States is entitled to seek forfeiture of any other property of the Defendant, up to the
value of such assets, pursuant to 21 U,S,C, § 853(p). as incoporated by 28 U,S,C § 2461 (c).
WHEREAS, on January 16, 2024, at a hearing pursuant to Rule 11 of the Federal Rules of
Criminal Procedure, the Defendant pled guilty to Counts One and Two of the Information,
pursuant to a written plea agreement that he signed on January 9, 2024;
WHEREAS, in Section 6 of the plea agreement, the Defendant agreed to forfeit to the
United States $427,605 on the grounds that such amount is equal to the amount of proceeds
Defendant derived from the offense as a result of his guilty plea and/or the amount of money
involved in Defendant's offense;
WI IEREAS, based on the Defendant's admissions in the written plea agreement and his
2
Case 1:24-cr-10007-MJJ Document 81 Filed 06/07/24 Page 2 of 4
guilty pica on January 16, 2024, the United States is entitled to an Order of Forfeiture consisting
of a personal money judgment against the Defendant, in the amount of $427,605 in United States
currency, pursuant to 18 U S C § 982(a)(l ), 18 U S C § 98 l(a)O )CC). and 28 lJ S C, § 246 l(c);
WHEREAS, the amount of 18 U,S,C § I 956(h) constitutes proceeds that the Defendant
obtained and/or the amount of money involved as a result of violations of 18 lJ S,C, § 1349 and
18 U S C § I 956(h}: and
WHEREAS, Rule 32.2( c )( 1) of the Federal Rules of Criminal Procedure provides that 11no
ancillary proceeding is required to the extent that the forfeiture consists of a money judgment."
ACCORDINGLY, it is hereby ORDERED, ADJUDGED, and DECREED:
1.
The Defendant shall forfeit to the United States the sum of $427,605, pursuant to
18 u,s c, § 982Ca)(l ). 18 U s,c, § 98 Ha}O )CC). and 28 U S C § 246 l(c}.
OrdeL,
2.
This Court shall retain jurisdiction in the case for the purpose of enforcing this
J,.
The United States may, at any time, move pursuant to Ruic 32.2(c) of the Federal
Rules of Criminal Procedure to amend this Order to substitute property having a value not to
exceed the amount set forth in Paragraph 1 to satisfy the money judgment in whole or in part.
4.
The United States may, at any time, conduct pursuant to Rule 32.2(b)(3) of the
Federal Rules of Criminal Procedure and 21 USC § 853(ml- as incorporated by 28 U.S.C. 2461,
any discovery to identify, locate or dispose of forfcitablc property or substitute assets, including,
but not limited to, depositions and requests for documents, electronically stored information, and
tangible things.
3
Case 1:24-cr-10007-MJJ Document 81 Filed 06/07/24 Page 3 of 4
5.
Pursuant to Rule 32.2(b)(4), this Order shall be included in the sentence pronounced
and imposed by the Court at the sentencing hearing, and in the criminal judgment
entered by this Court against the Defendant.
4
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