Text of Proposed Order (Final Order of Forfeiture) — USA v. MCCOY (Dkt. 25.1)

Record facts

U.S. District Court for the District of New Jersey · No. 1:22-cr-00186-KMW · Doc. 25-1 · 2022-08-09 · Docket on CourtListener

Summary

A proposed Final Order of Forfeiture (as to specific property) filed August 9, 2022 as Document 25-1 in United States of America v. Cornell McCoy, No. 1:22-cr-00186-KMW, in the U.S. District Court for the District of New Jersey, for signature by Judge Karen M. Williams. It recites that on March 14, 2022 the defendant pleaded guilty to a one-count Information charging bank fraud under 18 U.S.C. § 1344, and that the Court imposed a forfeiture money judgment of $237,500.00. It states that a Notice of Forfeiture ran on a government website beginning May 7, 2022 and that no claims or petitions were filed. The proposed order forfeits the contents of two Key Bank accounts in the name of Silver Cup Services Group LLC and applies forfeited money to the money judgment. It is four pages, submitted on application of United States Attorney Phillip R. Sellinger.

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Full text

2020R01278/DF/SD/jw 
 
UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
 
 
UNITED STATES OF AMERICA  
 
 
 
 
v. 
 
CORNELL MCCOY, 
  
 
 
 
 
Defendant. 
: 
 
: 
 
: 
 
: 
 
Hon. Karen M. Williams, U.S.D.J. 
 
Crim. No. 22-186 
 
FINAL ORDER OF FORFEITURE 
(AS TO SPECIFIC PROPERTY) 
 
 
On March 14, 2022, defendant Cornell McCoy (the “defendant”) pleaded 
guilty, pursuant to a plea agreement with the United States, to a one-count 
Information (the “Information”), which charged him with bank fraud, in violation 
of 18 U.S.C. § 1344 (Count One).  
On or about March 14, 2022, the Court entered a Consent Judgment and 
Order 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. § 982(a)(2) and Fed. R. Crim. 
P. 32.2(b)(1) and (b)(2), the Preliminary Order forfeited to the United States 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, which the 
defendant admitted had the requisite nexus to the offense to which the defendant 
pleaded guilty, and property traceable to such property.  The Court also imposed 
a criminal forfeiture money judgment in the amount of $237,500.00 upon the 
defendant (the “Money Judgment”). 
Case 1:22-cr-00186-KMW     Document 25-1     Filed 08/09/22     Page 1 of 4 PageID: 169

 
-2- 
 
On or about May 4, 2022, the Court entered a Partial Amendment of 
Consent Judgment of Forfeiture (Money Judgment) and Preliminary Order of 
Forfeiture adding the contents of an account at Key Bank ending in -3902, in 
the name of Silver Cup Services Group LLC, to the list of specific property 
forfeited by the defendant in the Preliminary Order, so that the property forfeited 
by the defendant in the Preliminary Order now included, but was not limited to, 
the following: 
a. the contents of an account at Key Bank ending in -4316, in the name 
of Silver Cup Services Group LLC; and 
 
b. the contents of an account at Key Bank ending in -3902, in the name 
of Silver Cup Services Group LLC 
 
(collectively, the “Specific Property”). 
 
The provisions of 21 U.S.C. § 853(n) (as incorporated by U.S.C. § 982(b)) 
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. 
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 May 7, 2022, and running for 30 consecutive 
days through June 5, 2022, 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 August 9, 
2022. 
Case 1:22-cr-00186-KMW     Document 25-1     Filed 08/09/22     Page 2 of 4 PageID: 170

 
-3- 
 
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 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). 
The defendant was the owner of Silver Cup Services Group LLC.  Since 
there are no third parties known to have alleged an interest in forfeited specific 
property who have not agreed to forfeit their interest in the Specific Property, no 
individual notices were sent to potential third parties. 
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). 
No claims or answers were filed or made in this action, no parties have 
appeared to contest the action to date, and the statutory time periods in which 
to do so have expired.  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. 
Case 1:22-cr-00186-KMW     Document 25-1     Filed 08/09/22     Page 3 of 4 PageID: 171

 
-4- 
 
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 following property is hereby 
forfeited to the United States of America for disposition according to law: 
a. the contents of an account at Key Bank ending in -4316, in the name 
of Silver Cup Services Group LLC; and 
 
b. the contents of an account at Key Bank ending in -3902, in the name 
of Silver Cup Services Group LLC. 
 
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                                 , 2022. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
HONORABLE KAREN M. WILLIAMS 
 
 
 
 
 
United States District Judge 
 
Case 1:22-cr-00186-KMW     Document 25-1     Filed 08/09/22     Page 4 of 4 PageID: 172

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