Court filing
SERVICE BY PUBLICATION as to Rafael Martinez.… — USA v. Martinez (Dkt. 100)
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2024-04-18 |
U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 100 · 2024-04-18 · Docket on CourtListener
Summary
A Declaration of Publication filed April 18, 2024 as Doc. 100 in United States v. Rafael Martinez, No. 1:22-cr-00251-LJL, in the U.S. District Court for the Southern District of New York, by an Assistant United States Attorney. The declaration attaches a notice of criminal forfeiture and an Advertisement Certification Report stating the notice was posted on forfeiture.gov between July 26, 2023 and August 24, 2023. The notice states that on March 24, 2023 the court entered an order forfeiting property including $10,544,757.26 held in the name of MBE Capital Partners, LLC, $4,560,000 and $250,273.84 held in the name of Rafael Martinez, real property in New Jersey and the Dominican Republic, and a 2017 Ferrari, a 2021 BMW and a 2018 Porsche. It explains that third parties may file ancillary petitions within 60 days under 21 U.S.C. § 853(n)(1) or petitions for remission or mitigation.
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Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
- v. -
RAFAEL MARTINEZ
Defendant.
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:
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DECLARATION OF PUBLICATION
S2 22 Cr. 251 (LJL)
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I, Micah Fergenson, pursuant to Title 28, United States Code, Section 1746, hereby
declare under penalty of perjury that:
1.
I am an Assistant United States Attorneys in the office of the United States
Attorney for the Southern District of New York, and
2.
Attached to this declaration are (A) a true and correct copy of a notice of
criminal forfeiture in this action, and (B) a true and correct copy of an Advertisement Certification
Report, indicating that the aforementioned notice was posted on an official government internet site
(www.forfeiture.gov) for at least 30 consecutive days, beginning on July 26, 2023, through August
24, 2023, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions, and
Both documents were obtained from a Consolidated Asset Tracking System
maintained by the Department of Justice.
Dated: New York, New York
April 18, 2024
_________/s/__________________
Micah Fergenson
Assistant United States Attorney
Tel: (212) 637-2190
Case 1:22-cr-00251-LJL Document 100 Filed 04/18/24 Page 1 of 4
Attachment 1
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
COURT CASE NUMBER: S2 22 CR. 251 (LJL); NOTICE OF FORFEITURE
Notice is hereby given that on March 24, 2023, in the case of U.S. v. Rafael
Martinez, Court Case Number S2 22 CR. 251 (LJL), the United States District Court for
the Southern District of New York entered an Order condemning and forfeiting the
following property to the United States of America:
$10,544,757.26 formerly on deposit in Carver Federal Savings Bank account
number 110013868, held in the name of "MBE Capital Partners, LLC," seized by the
Government on or about March 9, 2022 (22-IRS-000418)
$4,560,000 formerly on deposit in Citibank, N.A. account number 9348809151, held
in the name of Rafael Martinez, seized by the Government on or about March 9,
2022 (22-IRS-000419)
The real property commonly described as 21 Shinnecock Trails, Franklin Lakes,
New Jersey 07417, more particularly described as Lot 7.01 on Block 1106.05 in the
Municipality of Franklin Lakes in Bergen County, as recorded on April 15, 2021, and
associated with Document No./Book-Page: 2021057494/4081-102 (22-IRS-000420)
The real property commonly described as a 1.19-acre lot on Costamar 10, Casa De
Campo, 22000 Buena Vista, Dominican Republic, at the location with Global
Positioning System coordinates 18.42557, -68.96918 (22-IRS-000421)
A White 2017 Ferrari Model 488 Spider, with VIN No. ZFF80AMAXH0228614, and
New Jersey License Plate No. D7NWE (22-IRS-000422)
A Black 2021 BMW Model 750, with VIN No. WBA7U2C04MCF02203, and New
Jersey License Plate No. R56PBG (22-IRS-000423)
A 2018 Porsche Model 911 Turbo, with VIN No. WP0CD2A98JS162197, and New
Jersey License Plate No. M38PVZ (22-IRS-000424)
$250,273.84 formerly on deposit in JPMorgan Chase Bank, N.A. account number
3375794608, held in the name of Rafael Martinez, seized by the Government on or
about March 8, 2022 (23-IRS-000235)
The United States hereby gives notice of its intent to dispose of the forfeited
property in such manner as the United States Attorney General may direct. Any person,
other than the defendant(s) in this case, claiming interest in the forfeited property must file
an ancillary petition within 60 days of the first date of publication (July 26, 2023) of this
Notice on this official government internet web site, pursuant to Rule 32.2 of the Federal
Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1). The ancillary petition must be
Case 1:22-cr-00251-LJL Document 100 Filed 04/18/24 Page 2 of 4
filed with the Clerk of the Court, United States District Court, 500 Pearl Street, Room 120,
New York, NY 10007, and a copy served upon Assistant United States Attorney Katherine
Reilly, One St. Andrew's Plaza, New York, NY 10007. The ancillary petition shall be
signed by the petitioner under penalty of perjury and shall set forth the nature and extent
of the petitioner's right, title or interest in the forfeited property, the time and circumstances
of the petitioner's acquisition of the right, title and interest in the forfeited property and any
additional facts supporting the petitioner's claim and the relief sought, pursuant to 21
U.S.C. § 853(n).
Following the Court’s disposition of all ancillary petitions filed, or if no such petitions
are filed, following the expiration of the period specified above for the filing of such
ancillary petitions, the United States shall have clear title to the property and may warrant
good title to any subsequent purchaser or transferee.
The government may also consider granting petitions for remission or mitigation,
which pardon all or part of the property from the forfeiture. A petition must include a
description of your interest in the property supported by documentation; include any facts
you believe justify the return of the property; and be signed under oath, subject to the
penalty of perjury, or meet the requirements of an unsworn statement under penalty of
perjury. See 28 U.S.C. Section 1746. For the regulations pertaining to remission or
mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of
the forfeiture are found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the
forfeiture are found at 28 C.F.R. Section 9.5(b). The petition for remission need not be
made in any particular form and may be filed online or in writing. You should file a petition
for remission not later than 11:59 PM EST 30 days after the date of final publication of this
notice. See 28 C.F.R. Section 9.3(a). The https://www.forfeiture.gov/FilingPetition.htm
website provides access to a standard petition for remission form that may be mailed and
the link to file a petition for remission online. If you cannot find the desired assets online,
you must file your petition for remission in writing by sending it to Assistant United States
Attorney Katherine Reilly, One St. Andrew's Plaza, New York, NY 10007. This website
provides answers to frequently asked questions (FAQs) about filing a petition for
remission. You may file both an ancillary petition with the court and a petition for
remission or mitigation.
Case 1:22-cr-00251-LJL Document 100 Filed 04/18/24 Page 3 of 4
Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day
between July 26, 2023 and August 24, 2023. Below is a summary report that identifies the uptime for
each day within the publication period and reports the results of the web monitoring system’s daily check
that verifies that the advertisement was available each day.
Court Case No:
S2 22 CR. 251 (LJL)
For Asset ID(s):
U.S. v. Rafael Martinez
See Attached Advertisement Copy
Consecutive
Calendar Day
Count
Date Advertisement
Appeared on the
Web Site
Total Hours Web Site
was Available during
Calendar Day
Verification that
Advertisement
existed on Web Site
1
23.8
Verified
07/26/2023
2
23.9
Verified
07/27/2023
3
23.9
Verified
07/28/2023
4
23.8
Verified
07/29/2023
5
24.0
Verified
07/30/2023
6
24.0
Verified
07/31/2023
7
24.0
Verified
08/01/2023
8
23.8
Verified
08/02/2023
9
24.0
Verified
08/03/2023
10
23.4
Verified
08/04/2023
11
23.9
Verified
08/05/2023
12
24.0
Verified
08/06/2023
13
23.9
Verified
08/07/2023
14
23.9
Verified
08/08/2023
15
23.9
Verified
08/09/2023
16
23.9
Verified
08/10/2023
17
23.9
Verified
08/11/2023
18
23.9
Verified
08/12/2023
19
23.9
Verified
08/13/2023
20
24.0
Verified
08/14/2023
21
23.8
Verified
08/15/2023
22
23.9
Verified
08/16/2023
23
23.9
Verified
08/17/2023
24
23.9
Verified
08/18/2023
25
23.8
Verified
08/19/2023
26
23.9
Verified
08/20/2023
27
23.9
Verified
08/21/2023
28
23.9
Verified
08/22/2023
29
23.9
Verified
08/23/2023
30
23.9
Verified
08/24/2023
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 1:22-cr-00251-LJL Document 100 Filed 04/18/24 Page 4 of 4File and source
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