Text of Proposed Order (Final Order of Forfeiture) — USA v. ENCARNACION (Dkt. 40.1)

Record facts

U.S. District Court for the District of New Jersey · No. 3:23-cr-00794-GC · Doc. 40-1 · 2024-04-10 · Docket on CourtListener

Summary

A proposed Final Order of Forfeiture (As to Specific Property) in United States of America v. Arlen Encarnacion, No. 3:23-cr-00794-GC, U.S. District Court for the District of New Jersey, filed April 10, 2024 as Document 40-1 for Judge Georgette Castner's signature. It recites that the defendant pleaded guilty on August 10, 2023 to a two-count Information under 18 U.S.C. § 1349 and 18 U.S.C. § 1957, and that a Preliminary Order entered on or about January 9, 2024 imposed a money judgment of $1,683,883.83. It states that notice was posted on a government forfeiture website from January 30, 2024 and that no petitions were filed. The proposed order forfeits the Specific Property to the United States and applies forfeited money to the money judgment. Schedule B lists six sums seized from TD Bank accounts, including $112,557.19 in the name of Skycam Enterprises and Holding LLC.

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Full text

2021R00643/MCO/SD/jw 
 
UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
 
 
UNITED STATES OF AMERICA  
 
 
 
 
v. 
 
ARLEN ENCARNACION, 
  
 
 
 
Defendant. 
: 
 
: 
 
: 
 
: 
 
Hon. Georgette Castner, U.S.D.J. 
 
Crim. No. 23-794 
 
FINAL ORDER OF FORFEITURE 
(AS TO SPECIFIC PROPERTY) 
 
 
WHEREAS, on August 10, 2023, pursuant to a plea agreement with the 
United States, defendant Arlen Encarnacion (the “defendant”) pleaded guilty to 
a two-count Information (the “Information”), which charged him with conspiracy 
to commit wire fraud, contrary to 18 U.S.C. § 1343, in violation of 18 U.S.C. § 
1349 (Count 1); and money laundering, in violation of 18 U.S.C. § 1957 (Count 
2).  In the plea agreement, the defendant agreed to forfeit (1) pursuant to 18 
U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), all property, real or personal, that 
constitutes or is derived from proceeds traceable to the wire fraud offense 
charged in Count One of the Information; and (2) pursuant to 18 U.S.C. § 
982(a)(1), any and all property involved in or traceable to, the money laundering 
offense charged in Count Two of the Information; 
WHEREAS,  on or about January 9, 2024, the Court entered a Consent 
Judgment of Forfeiture (Money Judgment) and Preliminary Order of Forfeiture 
as to Specific Property (Final as to the Defendant) (the “Preliminary Order”).    
Pursuant to the plea agreement, and pursuant to 18 U.S.C. § 981(a)(1)(C) and 
28 U.S.C. § 2461(c), 18 U.S.C. § 982(a)(1), and Fed. R. Crim. P. 32.2(b)(1) and 
Case 3:23-cr-00794-GC     Document 40-1     Filed 04/10/24     Page 1 of 5 PageID: 278

 
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(b)(2), the Preliminary Order forfeited to the United States all of the defendant’s 
right, title, and interest in the specific property listed on the attached Schedule 
B (the “Specific Property”)1, which the defendant admitted had the requisite 
nexus to the offense to which the defendant pleaded guilty.  The Court also 
imposed a criminal forfeiture money judgment in the amount of $1,683,883.83 
upon the defendant (the “Money Judgment”); 
WHEREAS, the provisions of 21 U.S.C. § 853(n) and Rule 32.2(b) of the 
Federal Rules of Criminal Procedure require publication and notice to third 
parties known to have alleged an interest in forfeited property and the disposition 
of any petitions filed under Section 853(n) before the United States may have 
clear title to such property; 
WHEREAS, pursuant to 21 U.S.C. ' 853(n)(1), a Notice of Forfeiture with 
respect to the Specific Property was posted on an official government internet 
site, namely www.forfeiture.gov, beginning on January 30, 2024, and running 
for 30 consecutive days through February 28, 2024, as permitted by Rule 
G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and 
Asset Forfeiture Actions.  Proof of publication was filed with the Court on or 
about April 10, 2024; 
WHEREAS, the published notice explained that any person asserting a 
legal interest in the Specific Property was required to file a petition with the Court 
within sixty (60) days from the first day of publication of the notice on the 
government internet site, and that if no such petitions were filed, following the 
 
1 On December 8, 2023, the United States Postal Inspection Service administratively forfeited 
the funds seized from the account at Bank of America, NA, ending in 8537. 
Case 3:23-cr-00794-GC     Document 40-1     Filed 04/10/24     Page 2 of 5 PageID: 279

 
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expiration of the period for the filing of such petitions, the United States would 
have clear title to the Specific Property, in accordance with Supplemental Rule 
G(5)(a)(ii)(B); 
WHEREAS, pursuant to 21 U.S.C. § 853(n)(7), the United States shall have 
clear title to any forfeited property where no direct notice to potential claimants 
was required and no petitions for a hearing to contest the forfeiture have been 
filed within sixty (60) days after the first day of publication on an official internet 
government forfeiture site, in accordance with the procedures prescribed in 
Supplemental Rule G(5)(a)(ii)(B);  
WHEREAS, no petitions were filed or made in this action as to the Specific 
Property, no other parties have appeared to contest the action as to the Specific 
Property to date, and the statutory time periods in which to do so have expired;  
WHEREAS, neither the government nor the defendant is aware of any 
other person or entity who may have an interest in the Specific Property; and 
WHEREAS, pursuant to 21 U.S.C. § 853(n)(7), the United States is 
therefore entitled to have clear title to the Specific Property and to warrant good 
title to any subsequent purchaser or transferee. 
NOW, THEREFORE, on the application of Phillip R. Sellinger, United 
States Attorney for the District of New Jersey (Sarah Devlin, Assistant United 
States Attorney, appearing), 
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 
1. 
All right, title, and interest in the Specific Property is hereby forfeited 
to the United States of America for disposition according to law. 
Case 3:23-cr-00794-GC     Document 40-1     Filed 04/10/24     Page 3 of 5 PageID: 280

 
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2. 
Any forfeited money shall be applied to the forfeiture money 
judgment imposed upon the defendant in accordance with the Preliminary 
Order. 
3. 
The Court retains jurisdiction to take additional action, enter further 
orders, and amend this and any future orders as necessary to implement and 
enforce this Order. 
 
ORDERED this     day of                                 , 2024. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
HON. GEORGETTE CASTNER 
 
 
 
 
 
United States District Judge 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 3:23-cr-00794-GC     Document 40-1     Filed 04/10/24     Page 4 of 5 PageID: 281

 
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Schedule B 
 
a. $41,235.64 seized from an account at TD Bank, account number ending 
in 7619 in the name of Skycam Auto Group LLC; 
 
b. $41,108.30 seized from an account at TD Bank, account number ending 
in 8725 in the name of Advantage Intelligent Systems; 
 
c. $30,072.69 seized from an account at TD Bank, account number ending 
in 8733 in the name of Skycam Security LLC; 
 
d. $50,626.94 seized from an account at TD Bank, account number ending 
in 8741 in the name of Skycam Technologies LLC; 
 
e. $45,221.30 seized from an account at TD Bank, account number ending 
in 8759 in the name of Skycam Construction LLC; and 
 
f. $112,557.19 seized from an account at TD Bank, account number 
ending in 8767 in the name of Skycam Enterprises and Holding LLC. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 3:23-cr-00794-GC     Document 40-1     Filed 04/10/24     Page 5 of 5 PageID: 282

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