MOTION for Forfeiture of Property for Preliminary Order of Forfeiture by USA as to… — USA v. Barabash (Dkt. 28)

Record facts

U.S. District Court for the District of Maryland · No. 1:22-cr-00232-JKB · Doc. 28 · 2023-06-26 · Docket on CourtListener

Summary

The United States' motion for a preliminary order of forfeiture in United States of America v. Alexander Barabash, Criminal No. JKB-22-232, filed June 26, 2023 as Document 28 in the U.S. District Court for the District of Maryland. The motion is brought under 18 U.S.C. § 982, 21 U.S.C. § 853(p) and Rule 32.2(b) of the Federal Rules of Criminal Procedure, and submits a proposed order. It states that a federal grand jury returned an indictment on June 29, 2022 charging wire fraud in violation of 18 U.S.C. § 1343 in Count One and money laundering in violation of 18 U.S.C. § 1957 in Counts Two through Seven, with a forfeiture allegation. It states that the defendant pled guilty to Count One on March 24, 2023 and agreed to a money judgment of $1,295,000, and that a stipulation of facts records a Paycheck Protection Program loan in that amount.

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Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MARYLAND 
 
UNITED STATES OF AMERICA 
 
v. 
 
ALEXANDER BARABASH, 
 
Defendant 
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CRIMINAL NO. JKB-22-232 
 
 
 
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UNITED STATES’ MOTION FOR PRELIMINARY ORDER OF FORFEITURE 
The United States of America, by its attorney, Erek L. Barron, United States Attorney for 
the District of Maryland, respectfully moves this Court for the issuance of a Preliminary Order of 
Forfeiture in the above-captioned case pursuant to 18 U.S.C. § 982, 21 U.S.C. § 853(p), 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 June 29, 2022, a federal grand jury sitting in the District of Maryland returned 
an Indictment, charging ALEXANDER BARABASH (the “Defendant”) with Wire Fraud, in 
violation of 18 U.S.C. § 1343 (Count One), and Money Laundering, in violation of 18 U.S.C. § 
1957 (Counts Two through Seven).  ECF No. 1. 
2. 
The Indictment also included a forfeiture allegation, which provided notice that 
the United States intended to seek forfeiture, pursuant to 18 U.S.C. § 982 and 21 U.S.C. 
§ 853(p), upon conviction of the Defendant of the offenses alleged in Counts One through Seven 
of the Indictment. 
3. 
On March 24, 2023, the Defendant pled guilty to the offense alleged in Count One 
of the Indictment.  ECF No. 19.  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 $1,295,000 in U.S. currency 
Case 1:22-cr-00232-JKB     Document 28     Filed 06/26/23     Page 1 of 3

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equal to the value of the property derived from, or otherwise involved in, the 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 willfully executed a scheme to defraud M&T Bank, and 
the U.S. Small Business Administration (“SBA”), to obtain funds through false and fraudulent 
representations. As a result of his scheme, the Defendant received a Paycheck Protection 
Program (“PPP”) loan in the amount of $1,295,000.  ECF No. 19. 
5. 
Pursuant to 18 U.S.C. § 982(a)(2)(A) and (b)(1), 21 U.S.C. § 853(p), 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 $1,295,000 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;  
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(c) 
retain jurisdiction for the purpose of enforcing the forfeiture; and   
(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/              
    
 
Darryl L. Tarver 
Assistant United States Attorney 
 
 
 
 
Case 1:22-cr-00232-JKB     Document 28     Filed 06/26/23     Page 3 of 3

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