Preliminary Order of Forfeiture — USA v. Pierre et al (Dkt. 82.1)

Record facts

U.S. District Court for the District of Massachusetts · No. 1:24-cr-10007-MJJ · Doc. 82-1 · 2024-06-07 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 
UNITED ST ATES OF AMERICA 
) 
) 
) 
V. 
ADIANA PIERRE, 
JOUN, D .. J. 
Defendant. 
) 
Criminal No. 24-CR-l 0007-MJJ 
) 
) 
PRELIMINARY ORDER OF FORFEITURE 
WHEREAS, on January 16, 2024, the United States Attorney for the District of 
Massachusetts filed a a two-count Information, charging Adiana Pierre (the "Defendant"), with 
Conspiracy to Commit Wire Fraud, in violation of 18 U S,C § 1349 (Count One), and Conspiracy 
to Engage in Unlawful Money Transactions, in violation of 18 U S.C, § l 956(h) (Count Two); 
WHEREAS, the Infom1ation also included a Wire Fraud Forfeiture Allegation, pursuant to 
18 U,S,C. § 981 fa)( I )(C) and 28 U.S C § 2461 (c), 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 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.
A Porsche Macan with VIN WP 1AA2A52JLB08044, registered to ADIANA
PIERRE and seized on January 25, 2023, from Lookout Mountain, TN;
WHEREAS, the Information also included a Money Laundering Forfeiture Allegation, 
pursuant to 18 lJ S C, § 982(a)C 1 ). 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 
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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.
A Porsche Macan with VIN WP 1 AA2A52JLB08044, registered to ADIANA
PIERRE and seized on January 25, 2023, from Lookout Mountain, TN;
WHEREAS, the Infonnation fi.uther provided that, ifany of the above-described forfcitable 
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 described in Paragraphs 2 through 5 above, pursuant to 21 USC § 853Å 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 pied 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 admitted that the Property 
is subject to forfeiture on the grounds that it constitutes or is derived from proceeds of Defendant's 
offenses and/or was involved in the Defendant's offenses charged in Counts One and Two of the 
lnfonnation; 
WHEREAS, in light of the Defendant's guilty plea and admissions in the plea agreement, 
the United States has established the requisite nexus between the Property and the offenses to 
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which the Defendant pied guilty, and accordingly, the Property is subject to forfeiture to the United 
States pursuant to 18 lJ S C § 982(al( 1}. 18 lJ S C § 981 Cal( 1 }(C}. and 28 lJ S C § 2461 (c}: 
WHEREAS, pursuant to 18 U S C § 982(al( 1 }, 18 U.S C § 981 (al( l }(C}, 28 U S C 
§ 2461(s;) and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United States is
now entitled to a Preliminary Order of Forfeiture against the Property. 
ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED that: 
l.
The Court finds, pi1rsuant to Rule 32.2(b )( 1) of the Federal Rules of Criminal
Procedure, that the United States has established the requisite nexus between the Property and the 
offense to which the Defendant pied guilty. 
Order.. 
2.
The Court shall retain jurisdiction in this case for the purpose of enforcing this
J., 
Accordingly, all of Defendant's interests in the Property arc hereby forfeited to the 
United States of America for disposition pursuant to 18 U S.C, § 982fa)( 1 ), 18 lJ S C 
§ 981 (a}( 1 }(C). and 28 lJ S C § 2461 (c}.
4.
Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the United
States is hereby authorized to seize the Property and maintain it in its secure custody and control. 
5.
Pursuant to 21 U.S.C § 853(n}O }, the United States shall publish, for thirty (30)
consecutive calendar days on the government forfeiture website www.forfciture.gov, notice of the 
Preliminary Order of Forfeiture and notice of the United States' intent to dispose of the Property. 
6.
Pursuant to 21 U,S.C § 853(n}O }, the United States shall give, to the extent
practicable, direct written notice to any person known to have alleged an interest in the Property 
to be forfeited. 
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7.
Pursuant to 21 u s c § 853(n)(2) and m, the notice refctTed to above shall state:
(a) that any person, other than the Defendant asserting a legal interest in the Property, shall, within 
sixty (60) days after the first day of publication on the government forfeiture website or within 
thirty (30) days after receipt of actual notice, whichever is earlier, file a petition with the United 
States District Court in Boston, Massachusetts, requesting a hearing to adjudicate the validity of 
his or her interest in the Property; and (b) that the petition shall be signed by the petitioner under 
the penalty of pe1jury and shall set fo11h the nature and extent of the petitioner's right, title, or 
interest in the Property, the time and circumstances of the petitioner's acquisition of the right, title, 
or interest in the Property, any additional facts supporting the petitioner's claim, and the relief 
sought. 
8.
Pursuant to 21 U,S C § 853(n)(7t following the Com1 's disposition of all petitions
filed under 21 U S C § 853(n)(6), or if no such petitions arc filed following the expiration of the 
period provided in 21 U S,C § 853(n)(2) for the filing of such petitions, the United States of 
America shall have clear title to the Property. 
9.
Upon adjudication of all third party interests, this Court will enter a Final Order of
Forfeiture, pursuant to 18 U S C § 982(a)(l }, 18 U,S.C § 98 Ha)O }(C). and 28 U.S C § 246 l(c} 
and Rule 32.2(c) of the Federal Rules of Criminal Procedure, in which all interests will be 
addressed. 
10.
Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
Preliminary Order of Forfeiture will become final as to the Defendant at the time of his sentencing, 
will be part of the Defendant's criminal sentence, and will be included in the criminal judgment 
entered by this Court against him. 
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