Partial Amendment of Consent Judgment of Forfeiture (Money Judgment) — USA v. McCoy (Dkt. 13, D.N.J.)

Record facts

U.S. District Court for the District of New Jersey · No. 1:22-cr-00186-KMW · Doc. 13 · 2022-05-04 · Docket on CourtListener

Full text

2020R01278/DF/SD/jw

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA : Hon. Karen M. Williams, U.S.D.J.
Vv. : Crim. No. 22-186

CORNELL MCCOY, : PARTIAL AMENDMENT OF
; CONSENT JUDGMENT OF
Defendant. : FORFEITURE (MONEY
JUDGMENT) AND PRELIMINARY
ORDER OF FORFEITURE

WHEREAS, on or about March 22, 2022, pursuant to 18 U.S.C. §
982(a)(2), and Federal Rule of Criminal Procedure 32.2(b), the Court entered a
Consent Judgment of Forfeiture (Money Judgment) and Preliminary Order of
Forfeiture (the “Preliminary Order”) imposing a money judgment upon the
defendant and forfeiting all of his title and interest in certain specific property
(the “Specific Property”). A copy of the Preliminary Order is attached hereto as
Exhibit A and incorporated herein by reference as if set out in full;

WHEREAS, on April 14, 2022, the Court entered a Stipulation and Order
for Consent Seizure of Funds wherein the defendant agreed to the seizure for
forfeiture of the contents of an account at Key Bank ending in -3902, in the
name of Silver Cup Services Group LLC; and

WHEREAS, upon the request of the United States, the Specific Property
included in the Preliminary Order is hereby amended as follows.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED

THAT:

1. Paragraph 1 on page 2 of the Preliminary Order entered on or
about March 15, 2022, is hereby stricken and replaced with the following:

The defendant additionally agreed to forfeit all of the defendant's
right, title, and interest in the contents of an account at Key Bank
ending in -4316, in the name of Silver Cup Services Group LLC and
the contents of an account at Key Bank ending in -3902, in the name
of Silver Cup Services Group LLC (the "Specific Property"), which the
defendant admits have the requisite nexus to the offenses charged
in Count One of the Information and therefore are forfeitabie to the
United States of America pursuant to 18 U.S.C. § 982(a)(2), with any
forfeited money and the net proceeds derived from the sale of
forfeited specific property to be applied to the Money Judgment, in
partial satisfaction thereof.

2. The description of the Specific Property identified in paragraph 7
on page 5, of the Preliminary Order entered on or about March 15, 2022, is
hereby stricken and replaced with the following:

7. As a further result of the defendant's conviction of the bank
fraud offenses charged in Count One of the Information, pursuant to
18 U.S.C. § 982(a)(2), and Fed, R. Crim. P. 32.2(b)(1) and (b)(2), and
based upon the plea agreement, all of the defendant's right, title,
and interest in the contents of an account at Key Bank ending in -
4316 in the name of Silver Cup Services Group LLC and the contents
of an account at Key Bank ending in -3902, in the name of Silver
Cup Services Group LLC (the "Specific Property”) is hereby forfeited
to the United States of America for disposition according to law,
subject to the provisions of 21 U.S.C. § 853,

3. The Preliminary Order shall remain in full force and effect in all
other respects. This Order is final as to the defendant at the time of its entry by
the Court, shall be deemed part of the sentence of the defendant, and shall be
included in the judgment of conviction therewith.

4, Pursuant to 21 U.S.C. § 853(n)(1) and Rule 32,2(b)(6) of the

Federal Rules of Criminal Procedure, the United States shall publish notice of
2
this Order for at least 30 consecutive days on the government internet site
www.forfeiture.gov. The United States shall also send notice of this Order to
any person who reasonably appears to be a potential claimant with standing to
contest the forfeiture in the ancillary proceeding.

5. Pursuant to Fed R. Crim. P. 32.2(b)(6) and 21 U.S.C. § 853(n)(2)
and (n)(3), the notice of forfeiture must describe the forfeited property with
reasonable particularity, state the times by which a petition contesting the
forfeiture must be filed, and state the name and contact information for the
government attorney to be served with the petition. The notice shall also state
that the petition (i) shall be for a hearing to adjudicate the validity of the
petitioner's alleged interest in the Specific Property, (ii) shall be signed by the
petitioner under penalty of perjury, and (iii) shall set forth the nature and
extent of the petitioner’s right, title, or interest in the Specific Property, the
time and circumstances of the petitioner's acquisition of the right, title, and
interest in the Specific Property, any additional facts supporting the petitioner’s
claim, and the relief sought.

6. Any person, other than the defendant, claiming interest in the
Specific Property must file a petition within 60 days from the first day of
publication of notice on the government internet site (or no later than 35 days
from the mailing of direct notice, if direct notice is sent to the petitioner or the

petitioner’s attorney), pursuant to Rule 32.2(b)(6) of the Federal Rules of
Criminal Procedure and Rule G(4) and G(5) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions.

7. Upon adjudication of all third-party interests, the Court will enter
a final order of forfeiture pursuant to 21 U.S.C. § 853(n)(7) and Fed. R. Crim.
P, 32.2(c)(2), in which all interests will be addressed.

8. This Court shall retain jurisdiction to enforce this Order, and to
amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of
Criminal Procedure.

j Sd 4
ORDERED this yh day of 4 “ow , 2022.

kK \. Ss \ peers — on

HON. KAREN M. WILLIAMS
nited States District Judge

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

PHILIP R. SELLINGER
United States Attorney

Gad J. ble Dated: 5/3/2022

DANIEL A. FRIEDMAN
JASON M. RICHARDSON
ae United ae Attorneys

SI Dated: 5h/e
LL > ST. JOHN) ESQ.
Counsel for Defendant Cornell McCoy

V7
oe Dated: Sj Po~
CORNBEL MCCOY, Defendant

Case
 Case1:22-cr-00186-KMW
      1:22-cr-00186-KMW Document
                        Document 13
                                 12-1 Filed
                                      Filed 05/04/22
                                            05/03/22 Page
                                                      Page55ofof13
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                                                                    PageID:63
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2020R01278/DAF/SD/fic

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA : Hon. Karen M. Williams, U.S.DJ.
Vv. Crim. No, 22-186-KMW

CORNELL MCCOY, : CONSENT JUDGMENT
AND ORDER OF FORFEITURE
Defendant. : (MONEY JUDGMENT) AND
PRELIMINARY ORDER OF
FORFEITURE AS TO
SPECIFIC PROPERTY (FINAL AS
TO THE DEFENDANT}

n Meaveln IY 20> defendant Cornell McCoy (the “defendant”)
é

pleaded guilty, pursuant to a plea agreement with the United States, to a one -
count Information, which charged him with bank fraud, in violation of 18
U.S.C. § 1344 (Count One). In the plea agreement, the defendant agreed to
forfeit, pursuant to 18 U.S.C. § 982(a}(2), any property, real or personal,
constituting, or derived from, proceeds the defendant obtained directly or
indirectly as a result of the bank fraud offense charged in Count One of the
Information. The defendant further agreed that the aggregate value of such
property was $237,500.00 (the “Money Judgment”),

In the plea agreement, the defendant further acknowledged 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 of the defendant in an amount not to exceed

$237,500.00,

In the plea agreement, the defendant additionally agreed to forfeit all of

the defendant's right, title, and interest in the contents of an account at Key
Bank ending in -4316, in the name of Silver Cup Services Group LLC (the
“Specific Property”), which the defendant admits has the requisite nexus to the
offenses charged in Count One of the Information and therefore is forfeitable to
the United States of America pursuant to 18 U.S.C. § 982(a)(2), with any
forfeited money and the net proceeds derived from the sale of forfeited specific
property to be applied to the Money Judgment, in partial satisfaction thereof.

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 provisions of 21 U.S.C. § 853{n) (as incorporated by 18
U.S.C. § 982(b)(1}) require publication and notice to third parties known to
have alleged an interest in forfeited specific property and the disposition of any
petitions filed under 21 U.S.C. § 853(n) before the United States may have clear
title to such property; and

WHEREAS, the defendant further waived the requirements of Rules 32,2
and 43(a) of the Federal Rules of Criminal Procedure regarding notice of the
forfeiture in the charging instrument, announcement of the forfeiture at
sentencing, and incorporation of the forfeiture in the judgment; consented to
the entry of judgment of forfeiture that may become final as to the defendant
prior to sentencing, pursuant to Rule 32.2(b)(4) of the Federal Rules of

Criminal Procedure; acknowledged he understood that the criminal forfeiture to

-2-

a(n

PABIMY RECHMEH ES 1 Fin PGEBee> PARE 8 Tapel ats cro

which he consented is part of the sentence that may be imposed in this case;
waived any failure by the court to advise him of this pursuant to Rule
11(b)(1)(J) of the Federal Rules of Criminal Procedure at the guilty plea
proceeding; and waived any and all claims that the forfeiture constitutes an
excessive fine and agreed that the forfeiture does not violate the Eighth
Amendment. The defendant further acknowledged that any forfeiture of his
assets will not be treated as satisfaction of any fine, restitution, cost of
imprisonment, or any other penalty the Court may impose upon him in
addition to forfeiture,
Having considered the plea agreernent, the record as a whole, and the

applicable law, it is hereby ORDERED, ADJUDGED, AND DECREED AS
FOLLOWS:

Money Judgment

1. All property, real or personal, which constitutes or is derived from
proceeds traceable to the bank fraud offense charged in Count One of the
Information to which the defendant has pleaded guilty is forfeited to the United
States, pursuant to 18 U.S.C. § 982(a)(2).

2. 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 $237,500.00, A money judgment in the amount

of $237,500.00 is hereby entered against the defendant (the “Money

Judgment”), pursuant to 18 U.S.C. § 982{a)(2), 21 U.S.C, § 853(p), and Federal
Rule of Criminal Procedure 32.2({b}. |

3. All payments on the Money Judgment shall be made by postal
money order, bank or certified check, made payable, in this instance to the
United States Marshal’s 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,

4. All payments on the Money Judgment are forfeited to the United
States of America as substitute assets, pursuant to 21 U.S.C. § 853(p). The
United States Marshals Service shall deposit such payments in its Seized
Assets Deposit Account, and upon clearing of the financial instrument, shall
deposit the funds in the Assets Forfeiture Fund, for disposition according to
law. The United States shall have clear title to such payments, proceeds,
and/or substitute assets up to the amount of the Money Judgment
($237,500.00),

3. When the Money Judgment is fully satisfied, the United States
shall file a Satisfaction of the Money Judgment. |

6. 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 substitute assets to satisfy

this Money Judgment, or in connection with any petitions filed with regard to

-4-

substitute assets, including depositions, interrogatories, requests for
production of documents, and the issuance of subpoenas,
Specific Property

7. As a further result of the defendant’s conviction of the bank fraud
offenses charged in Count One of the Information, pursuant to 18 U.S.C. §
982(a)(2), and Fed. R. Crim. P. 32.2(b){1) and (b)(2), and based upon the plea
agreement, all of the defendant’s right, title, and interest in the specific
property set forth in the contents of an account at Key Bank ending in -4316 in
the name of Silver Cup Services Group LLC (the “Specific Property”) is hereby
forfeited to the United States of America for disposition according to law,
subject to the provisions of 21 U.S.C. § 853.

8. Any forfeited money and the net proceeds derived from the sale of
forfeited property will be applied to the Money Judgment until the Money
Judgment is satisfied in full.

9, Pursuant to Rule 32,2(b)(4) of the Federal Rules of Criminal
Procedure, this Order of Forfeiture shall be final against the defendant, shall be
made part of the sentence of defendant, and shall be included in the judgment
of conviction therewith.

10, Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal
Procedure, the United States Marshals Service, its agent or designee shall
maintain or take possession of the Specific Property and hold such property in

its secure custody and control,

11. Pursuant to 21 U.S.C, § 853{n)(1) and Rule 32.2(b){6) of the
Federal Rules of Criminal Procedure, the United States shall publish notice of
this Order for at least 30 consecutive days on the government internet site
www. forfeiture.gov, The United States shall also send notice of this Order to
any person who reasonably appears to be a potential claimant with standing to
contest the forfeiture in the ancillary proceeding,

12, Pursuant to Fed R. Crim, P, $2.2(b)(6) and 21 U.S.C. § 853(n)(2)
and (n}(8), the notice of forfeiture must describe the forfeited property with
reasonable particularity, state the times by which a petition contesting the .
forfeiture must be filed, and state the name and contact information for the
government attorney to be served with the petition, The notice shall also state
that the petition (i) shall be for a hearing to adjudicate the validity of the
petitioner's alleged interest in the Specific Property, (ii) shall be signed by the
petitioner under penalty of perjury, and (iii) shall set forth the nature and
extent of the petitioner's right, title, or interest in the Specific Property, the
time and circumstances of the petitioner's acquisition of the right, title, and
interest in the Specific Property, any additional facts supporting the petitioner's
claim, and the relief sought.

13. Any person, other than the defendant, claiming interest in the
Specific Property must file a petition within 60 days from the first day of
publication of notice on the government internet site, or no later than 35 days
from the mailing of direct notice, whichever is earlier, pursuant to Rule

32.2(b){(6) of the Federal Rules of Criminal Procedure and Rule G(4) and G({5) of

-6-

the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions.

14. Upon adjudication of all third-party interests, the Court will enter
a final order of forfeiture pursuant to 21 U.S.C. § 853(n}(7) and Fed. R. Crim.
P. 32.2(c)(2)}, in which all interests will be addressed.

Other Provisions

15, This Order shall be deemed part of the sentence of the defendant,
and shali be included in the judgment of conviction therewith.

16. The Clerk of the Court is directed to enter a money judgment
against the defendant in favor of the United States in the amount of
$237,500.00.

17. This Court shall retain jurisdiction to enforce this Order and to
amend it as necessary,

ORDERED this IT day of MU ov eA? , 2022.

i

HON) KAREN M, WILLIAMS, U.S.D.J.

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

PHILIP R. SELLINGER
United States Attorney

QA LL

By: DANIEL A, FRIEDMAN
JASON M. RICHARDSON
Assistant United States Attorneys

(Uz LY» Dated: a/it[2e

CHRISTOPHER ST. JOHN /ESQ.
Attorney for Defendant‘Cornell McCoy

aa Dated: # /: / ilo or

CORNELL MCCOY, Defendant

Dated: Feb. 9, 2022

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