Court filing
Order of Forfeiture — Order of Forfeiture — USA v. Campbell (Dkt. 22.1) (Dkt. 22.1)
Record facts
| Court | U.S. District Court for the Eastern District of New York |
|---|---|
| Filed | 2022-11-22 |
U.S. District Court for the Eastern District of New York · No. 1:21-cr-00478-FB · Doc. 22-1 · 2022-11-22 · Docket on CourtListener
Summary
A consent Order of Forfeiture in United States of America v. Hashim Campbell, 21-CR-478 (FB), filed November 22, 2022 as Document 22-1 in No. 1:21-cr-00478-FB in the U.S. District Court for the Eastern District of New York. It recites that on or about September 23, 2021 the defendant pleaded guilty to the Sole Count of an Information charging a violation of 18 U.S.C. § 1349, and consented to a forfeiture money judgment of $100,000.00. The order directs payment by money order or bank check payable to the U.S. Marshals Service and provides for forfeiture of substitute assets under 21 U.S.C. § 853(p) if the judgment is unpaid. The defendant waives notice, a jury trial on forfeiture and constitutional defenses, and the order becomes final at sentencing under Fed. R. Crim. P. 32.2(b)(4)(A) and (B). The four-page order bears the signature of Judge Frederic Block.
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Full text
FR:BGK
F. #2020R00955
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------X
UNITED STATES OF AMERICA
- against-
HASHIM CAMPBELL,
Defendant.
----------------X
ORDER OF FORFEITURE
21-CR-478 (FB)
WHEREAS, on or about September 23, 2021, Hashim Campbell (the
"defendant"), entered a plea of guilty to the offense charged in the Sole Count of the above-
captioned Information, charging a violation of 18 U.S.C. § 1349; and
WHEREAS, pursuant to 18 U.S.C. § 982(a)(2}, the defendant has consented to I
the entry of a forfeiture money judgment in the amount of one hundred thousand dollars and
zero cents ($100,000.00) (the "Forfeiture Money Judgment"), as property constituting, or
derived from, proceeds obtained directly or indirectly as a result of the defendant's violation
of 18 U.S.C. § 1349, and/or substitute assets, pursuant to 21 U.S.C. § 853(p}, as incorporate1
by 18 U.S.C. § 982(b}(l).
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent, by
and between the United States and the defendant as follows:
1.
The defendant shall forfeit to the United States the full amount of the
Forfeiture Money Judgment, pursuant 18 U.S. C. §§ 982( a )(2) and 982(b )(I) and 21 U.S. C.
§ 853(p).
Case 1:21-cr-00478-FB Document 22-1 Filed 11/22/22 Page 1 of 4 PageID #: 191
2.
All payments made towards the Forfeiture Money Judgment shall be
made by a money order, or certified and/or official bank check, payable to U.S. Marshals
Service with the criminal docket number noted on the face of the instrument. The defendant
shall cause said payment(s) to be sent by overnight mail delivery to Assistant United States
Attorney Brendan G. King, United States Attorney's Office, Eastern District of New York,
271-A Cadman Plaza East, Brooklyn, New York 11201.
3.
If the defendant fails to pay any portion of the Forfeiture Money
Judgment, the defendant shall forfeit any other property of hers up to the value of the
outstanding balance, pursuant to 21 U.S.C. § 853(p), and further agrees that the conditions o
21 U.S.C. § 853(p)(l)(A)-(E) have been met.
4.
Upon entry of this Order of Forfeiture ("Order"), the United States
Attorney General or her designee is authorized to conduct any proper discovery in
accordance with Fed. R. Crim. P. 32.2(b)(3) and (c). The United States alone shall hold title
to the monies paid by the defendant to satisfy the Forfeiture Money Judgment following the
Court's entry of the judgment of conviction.
5.
The defendant shall fully assist the government in effectuating the
payment of the Forfeiture Money Judgment, by among other things, executing any
documents necessary to effectuate any transfer of title to the United States. The defendant
shall not file a claim or petition seeking remission or contesting the forfeiture of any propel
'
against which the government seeks to satisfy the Forfeiture Money Judgment in any
administrative or judicial ( civil or criminal) proceeding. The defendant shall not assist any
person or entity to file a claim or petition seeking remission or contesting the forfeiture of
Case 1:21-cr-00478-FB Document 22-1 Filed 11/22/22 Page 2 of 4 PageID #: 192
any property against which the government seeks to satisfy the Forfeiture Money Judgment
in any administrative or judicial (civil or criminal) forfeiture proceeding.
6.
The defendant knowingly and voluntarily waives his right to any
required notice concerning the forfeiture of the monies and/or properties forfeited hereunder,
including notice set forth in an indictment or information. In addition, the defendant
knowingly and voluntarily waives his right, if any, to a jury trial on the forfeiture of said
monies and/or properties, and waives all constitutional, legal and equitable defenses to the
'
forfeiture of said monies and/or properties, including, but not limited to, any defenses based !
on principles of double jeopardy, the Ex Post Facto clause of the Constitution, any applicabl~
i
statute of limitations, venue, or any defense under the Eighth Amendment, including a claim/
of excessive fines.
7.
The entry and payment of the Forfeiture Money Judgment is not to be
considered a payment of a fine, penalty, restitution loss amount or a payment of any income
taxes that may be due, and shall survive bankruptcy.
8.
Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B), this Order shall
become final as to the defendant at the time of sentencing and shall be made part of the
sentence and included in the judgment of conviction. This Order shall become the Final
Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2). At that time, the monies
and/or properties paid toward the Forfeiture Money Judgment shall be forfeited to the Uniteb
States for disposition in accordance with the law.
!
9.
This Order shall be binding upon the defendant and the successors,
administrators, heirs, assigns and transferees of the defendant, and shall survive the
bankruptcy of any of them.
Case 1:21-cr-00478-FB Document 22-1 Filed 11/22/22 Page 3 of 4 PageID #: 193
/s/ FREDERIC BLOCK
10.
This Order shall be final and binding only upon the Court's "so
ordering" of the Order.
11.
The Court shall retain jurisdiction over this action to enforce
compliance with the terms of this Order and to amend it as necessary, pursuant to Fed. R.
Crim. P. 32.2(e).
12.
The Clerk of the Court is directed to send, by inter-office mail, two (2)
certified copies of this executed Order to the United States Attorney's Office, Eastern
District of New York, Attn: FSA Law Clerk Jenny Hui, 271-A Cadman Plaza East,
Brooklyn, New York 11201.
Dated: ~1P,lf)York
, 20211--
s~ ORDERED:
/)
HONORABLE FREDERIC BLOCK -1
1
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF NEW YORK
Case 1:21-cr-00478-FB Document 22-1 Filed 11/22/22 Page 4 of 4 PageID #: 194File and source
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