LETTER MOTION addressed to Judge Lewis J.… — USA v. Martinez (Dkt. 87)

Record facts

U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 87 · 2023-09-23 · Docket on CourtListener

Summary

A letter motion dated September 23, 2023 from the U.S. Attorney's Office to Judge Lewis J. Liman in United States v. Rafael Martinez, 22 Cr. 251 (LJL), No. 1:22-cr-00251-LJL, in the U.S. District Court for the Southern District of New York, filed as Doc. 87. The letter recounts that on March 23, 2023 the defendant pleaded guilty to Count One of the S2 Superseding Information and the court entered a Consent Preliminary Order of Forfeiture including a money judgment of $44,546,712.94. It states that on June 9, 2023 the court entered a consent order forfeiting a Citibank, N.A. account in the name of MBE Capital Partners LLC as a substitute asset, that the government has seized the account, and that it reached an agreement with the Federal Reserve Bank of San Francisco on certain funds. The government asks the court to enter the attached proposed Stipulation and Order.

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Full text

[Type text] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
September 23, 2023 
 
 
BY ECF 
The Honorable Lewis J. Liman 
United States District Judge 
Daniel Patrick Moynihan United States Courthouse 
500 Pearl Street 
New York, New York 10007 
 
 
 
Re: 
United States v. Rafael Martinez, 22 Cr. 251 (LJL) 
 
Dear Judge Liman: 
 
 
 
On March 23, 2023, the defendant in the above-captioned action pleaded guilty to Count 
One of the S2 Superseding Information.  At that time, the Court also entered the Consent 
Preliminary Order of Forfeiture directing, among other things, that a money judgment in the 
amount of $44,546,712.94 be entered against the defendant.  On June 9, 2023, the Court entered a 
Consent Preliminary Order of Forfeiture as to Substitute Assets, which provided for the forfeiture 
of the defendant’s right, title, and interest in a specific bank account held at Citibank, N.A. in the 
name of MBE Capital Partners LLC.  The Government has now seized that account and reached 
an agreement as to the disposition of certain of the funds held in the account with the Federal 
Reserve Bank of San Francisco, which has asserted a claim to those funds.  The Government 
submits herewith a proposed Stipulation & Order between the Government and the Federal 
Reserve Bank of San Francisco setting forth that agreement.  The Government respectfully 
requests that the Court enter the attached Stipulation and Order.  
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 
 
 
 
 
DAMIAN WILLIAMS 
 
 
 
 
 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
by: ___________________________ 
 
 
 
 
 
 
 
 
 
 
 
 
Katherine Reilly 
Micah F. Fergenson 
 
 
 
 
 
 
 
 
 
 
 
 
Katherine Reilly 
 
 
 
 
 
 
 
 
 
 
 
 
Assistant United States Attorneys 
 
 
 
 
 
 
 
 
 
 
 
 
(212) 637-6521/2190 
 
cc:  Defense Counsel (By ECF) 
 
Counsel for the Federal Reserve Bank of San Francisco (By Email) 
 
The Silvio J. Mollo Building 
 
 
 
 
 
 
 
 
 
 
 
 
 
One Saint Andrew’s Plaza 
 
 
 
 
 
 
 
 
 
 
 
 
 
New York, New York 10007 
U.S. Department of Justice 
United States Attorney 
Southern District of New York 
Case 1:22-cr-00251-LJL     Document 87     Filed 09/23/23     Page 1 of 1

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