MOTION for Forfeiture of Property for Preliminary Order of Forfeiture by USA as… — USA v. Sary - Ahmed M Sary (Dkt. 81)

Record facts

U.S. District Court for the District of Maryland · No. 1:23-cr-00344-RDB · Doc. 81 · 2024-06-20 · Docket on CourtListener

Summary

The United States' Motion for Preliminary Order of Forfeiture in United States v. Ahmed Sary, Criminal No. RDB-23-344 (District of Maryland), filed June 20, 2024 as Document 81. Brought under 18 U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853(p) and Rule 32.2(b) of the Federal Rules of Criminal Procedure, it submits a proposed order and asks that the forfeiture be included in the sentence and judgment. It recites an Information filed September 26, 2023 charging wire fraud conspiracy under 18 U.S.C. § 1349 and a guilty plea on October 18, 2023 in which the defendant agreed to a money judgment of at least $3,627,489.22. It states his Stipulation of Facts admitted conspiring to defraud Cross River Bank, the Small Business Administration and other lenders to obtain fraudulent PPP loans and Economic Injury Disaster Loans. The motion also seeks leave for discovery and retention of jurisdiction.

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Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MARYLAND 
 
UNITED STATES OF AMERICA 
 
v. 
 
AHMED SARY, 
 
Defendant 
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CRIMINAL NO. RDB-23-344 
 
 
 
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UNITED STATES’ MOTION FOR PRELIMINARY ORDER OF FORFEITURE 
The United States of America, by its undersigned attorneys, respectfully moves this Court 
for the issuance of a Preliminary Order of Forfeiture in the above-captioned case pursuant to 18 
U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853(p), 28 U.S.C. § 2461(c), and Rule 32.2(b) of the Federal 
Rules of Criminal Procedure.  A proposed Preliminary Order of Forfeiture is submitted 
herewith.  In support thereof, the United States sets forth the following: 
1. 
On September 26, 2023, the United States of America filed an Information, 
charging Ahmed Sary (the “Defendant”) with Wire Fraud Conspiracy, in violation of 18 U.S.C. 
§ 1349 (Count One).  ECF No. 60. 
2. 
The Information also included a forfeiture allegation which provided notice that 
the United States intended to seek forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C), 21 U.S.C. 
§ 853(p), and 28 U.S.C. § 2461(c), upon conviction of the Defendant of the offense alleged in 
Count One of the Information. 
3. 
On October 18, 2023, the Defendant pled guilty to the offense alleged in Count 
One of the Information.  ECF. No. 66.  As part of his guilty plea, the Defendant agreed to entry 
of an order of forfeiture to include a money judgment in the amount of at least $3,627,489.22 in 
U.S. currency equal to the value of the property derived from, or otherwise involved in, the 
Case 1:23-cr-00344-RDB     Document 81     Filed 06/20/24     Page 1 of 3

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Defendant’s offense.  Id. ¶¶ 13. 
4. 
In support of his guilty plea, the Defendant executed a Stipulation of Facts in 
which the Defendant admitted that he and coconspirators conspired to engage in a scheme to 
defraud a financial institution, Cross River Bank, and the United States Small Business 
Administration (SBA) and other SBA-approved lenders to obtain numerous fraudulent paycheck 
Protection Programs (PPP) loans and Economic Injury Disaster Loans (EIDLs).   
5. 
Pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), and Rule 32.2(b)(2) of 
the Federal Rules of Criminal Procedure, the United States is now entitled to a forfeiture money 
judgment in the amount of $3,627,489.22 in U.S. currency against the Defendant. 
6. 
Further, the United States may move at any time, pursuant to Rule 32.2(e)(1)(B) 
of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(p), to forfeit any property of the 
defendant up to the value of the forfeiture money judgment included in the Preliminary Order of 
Forfeiture.  Upon issuance of any order forfeiting specific property, the United States will 
publish notice in accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6) of the Federal Rules 
of Criminal Procedure. 
7. 
The United States also seeks permission to conduct any discovery that might be 
necessary to identify, locate, or dispose of forfeited property, pursuant to Rule 32.2(b)(3) of the 
Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m). 
WHEREFORE, the United States requests that this Court: 
(a) 
enter the Preliminary Order of Forfeiture in the form submitted herewith; 
(b) 
include the forfeiture, as set forth in the Preliminary Order of Forfeiture, in the 
oral pronouncement of the Defendant’s sentence;  
(c) 
retain jurisdiction for the purpose of enforcing the forfeiture; and   
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(d) 
incorporate the Preliminary Order of Forfeiture in the criminal judgment entered 
against the Defendant, pursuant to Federal Rule of Criminal Procedure 32.2(b)(4). 
 
Respectfully submitted, 
Erek L. Barron 
United States Attorney 
 
By: 
/s/              
    
 
Paul A. Riley 
Assistant United States Attorney 
 
 
 
 
 
Case 1:23-cr-00344-RDB     Document 81     Filed 06/20/24     Page 3 of 3

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