Consent Judgment and Order of Forfeiture, Money Judgment — USA v. Rivera et al. (Dkt. 71, D.N.J. No. 1:23-mj-02053)

Record facts

U.S. District Court for the District of New Jersey · No. 1:24-cr-00267-KMW · Doc. 71 · 2025-04-09 · Docket on CourtListener

Full text

Case 1:24-cr-00267-KMW Document71_ Filed 04/09/25 Page 1 of 5 PagelD: 479

2024R00261/DAF/JNM/jw

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA ; Hon, Karen M. Williams, U.S.D.J.
Vv. : Crim. No, 24-267
ADRIENNE PONZO, : CONSENT JUDGMENT
AND ORDER OF FORFEITURE
Defendant. ; (MONEY JUDGMENT)

WHEREAS, on or about April 7, 2025, defendant Adrienne Ponzo pleaded
guilty, pursuant to a plea agreement with the United States, to Count 5 of the
Indictment (“Indictment”), which charged the defendant with wire fraud
conspiracy, contrary to 18 U.S.C. § 13483, in violation of 18 U.S.C. § 1349;

WHEREAS, a person convicted of wire fraud conspiracy, as alleged in
Count 5 of the Indictment, shall forfeit to the United States pursuant to 18
«USL, § 981(a)(1)(C) and 28 U.S.C. § 2461 (c), any property, real or personal,
constituting or derived from proceeds the defendant obtained as a result of the
commission of such offense;

WHEREAS, in the plea agreement, the defendant consented to the
imposition of a criminal forfeiture money judgment in the amount of $144,325
(“Money Judgment”), and stipulated that such amount represents the property
constituting, or derived from, proceeds the defendant obtained directly or

indirectly as a result of the offense charged in Count 5 of the Indictment;
Case 1:24-cr-00267-KMW Document71_ Filed 04/09/25 Page 2 of 5 PagelD: 480

WHEREAS, Rule 32.2(c}(1) of the Federal Rules of Criminal Procedure
provides that no ancillary proceeding is required to the extent that the
forfeiture consists of a money judgment;

WHEREAS, the defendant:

(1) consents to the forfeiture to the United States of $144,325 asa
sum of money representing the property constituting, or derived from, proceeds
the defendant obtained directly or indirectly as a result of the offense charged
in Count 5 of the Indictment, to which the defendant has pleaded guilty;

{2} consents to the imposition of the Money Judgment, pursuant to 18
U.S.C. § 981 (a}(1)(C) and 28 U.S.C. § 2461 (c);

(3) agrees to consent promptly upon request to the entry of any orders
deemed necessary by the government or the Court to complete the forfeiture
and disposition of property forfeited to satisfy the Money Judgment;

(4) acknowledges that one or more of the criteria set forth in 21 U.S.C.
§ 853(p) are met, entitling the United States to forfeit substitute assets;

(5) waives the requirements of Federal Rules of Criminal Procedure
32.2 and 43{a) regarding notice of forfeiture in the charging instrument,
announcement of the forfeiture in the defendant’s presence at sentencing, and
incorporation of the forfeiture in the Judgment of Conviction;

(6) acknowledges that she understands that forfeiture of property will
be part of the sentence imposed upon him in this case and waives any failure
by the Court to advise her of this, pursuant to Federal Rule of Criminal

Procedure 11{b){1)(J), during the plea hearing; and

2.
Case 1:24-cr-00267-KMW Document 71 _ Filed 04/09/25 Page 3 of 5 PagelD: 481

(7) waives any and all claims that this forfeiture constitutes an
excessive fine and agrees that this forfeiture does not violate the Eighth
Amendment.

WHEREAS, good and sufficient cause has been shown,

It is hereby ORDERED, ADJUDGED, AND DECREED:

(1) Asaresult of the offense charged in Count 5 of the Indictment, to
which the defendant has pleaded guilty, the Court having accepted the
stipulated amount of the forfeiture in the plea agreement, and the defendant
having conceded that one or more of the criteria set forth in 21 U.S.C. § 853(p}
are met, the United States is entitled to forfeit proceeds and/or substitute
assets equal to the value of the proceeds obtained by the defendant, which was
$144,325, The Money Judgment is hereby entered against the defendant,
pursuant to 18 U.S.C. § 981(a}(1)(C) and 28 U.S.C. § 2461(c), and Federal Rule
of Criminal Procedure 32.2(b).

(2)- -All-payments on the Money Judgment shall be made by (i}
electronic funds transfer, as directed by the United States Attorney’s Office; or
{ii} 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, District of New Jersey, Attn: Asset Forfeiture and
Money Laundering Unit, 970 Broad Street, 7th Floor, Newark, New Jersey
07102, and shall indicate the defendant’s name and case number on the face

of the check.

Case 1:24-cr-00267-KMW Document 71 Filed 04/09/25 Page 4 of 5 PagelD: 482

(3) Until the defendant is sentenced, the United States Marshals
Service shall deposit all payments on the Money Judgment in its Seized Assets
Deposit Account. After the defendant is sentenced and the Judgment is
entered on the docket, all payments on the Money Judgment shall be forfeited
to the United States of America and deposited in the Assets Forfeiture Fund.

(4) Pursuant to Federal Rule of Criminal Procedure 32.2(b}(3) and 21
U.S.C. § 853(n), upon entry of this Order, and until the Money Judgment is
fully satisfied, the United States Attorney’s Office is authorized to conduct any
discovery needed to identify, locate, or dispose of assets to satisfy the Money
Judgment, or in connection with any petitions filed pursuant to 21 U.S.C.

§ 853(n), including depositions, interrogatories, requests for production of
documents, and the issuance of subpoenas.

(5S) This Order of Forfeiture shall be part of the sentence of the
defendant and shall be included in the judgment of conviction therewith.

-(6)---The Clerk of the Court is directed to enter a Criminal Forfeiture
Money Judgment against the defendant in favor of the United States in the
amount of $144,325.

(7) This Court shall retain jurisdiction to enforce this Order and to
amend it as necessary.

ORDERED this ay of fs | , 2025,

Hon. Karen M. Williams
United States District Judge

-4-

Case 1:24-cr-00267-KMW Document71_ Filed 04/09/25 Page 5 of 5 PagelD: 483

The undersigned hereby consent to
the entry and form of this Order:

John Giordano
United States Attorney

DMA fo

By: Daniel A. Friedman
Assistant United States Attorney

/\
Seay Vee Dated: algl2o

Troy AvArchié, Ker.
Aftérney for Defendant Adrienne Ponzo

an Dated: H/ Gf 20-7

Adtiertme-Ponzo, Defendant

Dated: March 25, 2025

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