Text of Proposed Order Preliminary Order of Forfeiture — USA v. Barabash (Dkt. 28.1)

Record facts

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

Summary

A proposed Preliminary Order of Forfeiture in United States v. Alexander Barabash, No. 1:22-cr-00232-JKB, in the U.S. District Court for the District of Maryland, filed June 26, 2023 as Doc. 28-1. It recites that a June 29, 2022 indictment charged wire fraud under 18 U.S.C. § 1343 and money laundering under 18 U.S.C. § 1957, and that the defendant pled guilty to Count One on March 24, 2023 and agreed to a forfeiture money judgment. The proposed order would grant the government's motion and enter a forfeiture money judgment of $1,295,000 under 18 U.S.C. § 982(a)(2)(A), (b)(1) and 21 U.S.C. § 853(p). It provides for crediting of substitute assets, discovery to locate forfeited property, and that the order becomes final at sentencing. The three-page order has a signature line for Hon. James K. Bredar and is undated.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MARYLAND 
 
UNITED STATES OF AMERICA 
 
v. 
 
ALEXANDER BARABASH, 
 
Defendant 
* 
* 
* 
* 
* 
* 
* 
* 
 
 
CRIMINAL NO. JKB-22-232 
 
 
******* 
 
 
PRELIMINARY ORDER OF FORFEITURE 
WHEREAS, 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); 
WHEREAS, the Indictment also included a forfeiture allegation, pursuant to 18 U.S.C. 
§ 982 and 21 U.S.C. § 853(p), which provided notice that the United States intended to seek 
forfeiture, upon conviction of the Defendant, of the offenses alleged in Counts One through 
Seven of the Indictment; 
WHEREAS, on March 24, 2023, the Defendant pled guilty to the offense alleged in 
Count One of the Indictment; 
WHEREAS, as part of his guilty plea, the Defendant agreed to entry of an order of 
forfeiture, as part of the Defendant’s sentence, to include a money judgment of at least 
$1,295,000 in U.S. currency equal to the value of the property derived from, or otherwise 
involved in, the Defendant’s offense; 
WHEREAS, pursuant to 18 U.S.C. § 982(a)(2)(A), (b)(1), and 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 
Case 1:22-cr-00232-JKB     Document 28-1     Filed 06/26/23     Page 1 of 3

2 
Preliminary Order of Forfeiture imposing a money judgment in the amount of $1,295,000 in U.S. 
currency against the Defendant; 
ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED that: 
1. 
The United States’ Motion for a Preliminary Order of Forfeiture is GRANTED. 
2. 
Pursuant to 18 U.S.C. § 982(a)(2)(A), (b)(1), 21 U.S.C. § 853(p) and Rule 32.2 of 
the Federal Rules of Criminal Procedure, a forfeiture money judgment in the amount of 
$1,295,000 in U.S. currency is hereby entered against the Defendant. 
3. 
The Defendant shall remain personally liable until the judgment is satisfied.  The 
value of any substitute assets shall be credited toward the satisfaction of the money judgment.  
Likewise, the value of any directly forfeitable property that is forfeited as the proceeds of the 
offense shall also be credited toward the satisfaction of the money judgment, but property 
forfeited as property used to commit or to facilitate the commission of the offense shall not be so 
credited. 
4. 
The United States is authorized to conduct any discovery that might be necessary 
to identify, locate, or dispose of forfeited property, and to resolve any third-party petition, 
pursuant to Rule 32.2(b)(3), (c)(1)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C. 
§ 853(m). 
5. 
Pursuant to Rule 32.2(b)(6) and (c)(1), no third-party notice or ancillary 
proceeding is required to the extent that this Order consists solely of a money judgment. 
6. 
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. 
Case 1:22-cr-00232-JKB     Document 28-1     Filed 06/26/23     Page 2 of 3

3 
7. 
The Court shall retain jurisdiction in this matter for the purpose of enforcing this 
Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend 
this Order, or enter other orders as necessary, to forfeit additional specific property or substitute 
property when identified. 
                                   
Hon. James K. Bredar 
United States District Judge 
Dated:                
 
Case 1:22-cr-00232-JKB     Document 28-1     Filed 06/26/23     Page 3 of 3

File and source

File

gov.uscourts.mdd.515239.28.1.pdf

Size

154,018 bytes

SHA-256

074f8db5eb65e57cd70fd3956e8b3f0504e3b1973e540fb350e998430c0c08b4

Our copy

gov.uscourts.mdd.515239.28.1.pdf

Original

PACER (login required)