Motion of the United States for a Preliminary Order of Forfeiture, with Supporting Suggestions — United States v. Reazuddin (Dkt. 51, W.D. Mo.)

Summary

The Motion of the United States for a Preliminary Order of Forfeiture, with Supporting Suggestions, in United States of America v. Mirza Michael Reazuddin, Case No. 23-00067-CR-W-BP, in the U.S. District Court for the Western District of Missouri, filed May 20, 2024. The motion states that on April 4, 2023 a grand jury returned an 11-count Indictment charging the defendant with wire fraud under Title 18, United States Code, Section 1343, and money laundering under Section 1957, with a forfeiture allegation. A proposed order is submitted with the motion. The government asks the Court to enter a money judgment against the defendant in the amount of $804,100, and the motion is signed by Assistant United States Attorney Paul S. Becker.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

IN THE UNITED STATES DISTRICT COURT FOR THE
                          WESTERN DISTRICT OF MISSOURI
                               WESTERN DIVISION

 UNITED STATES OF AMERICA,

                Plaintiff,

         v.                                        Case No. 23-00067-CR-W-BP

 MIRZA MICHAEL REAZUDDIN,

                Defendant.

               MOTION OF THE UNITED STATES FOR A PRELIMINARY
              ORDER OF FORFEITURE, WITH SUPPORTING SUGGESTIONS

       The United States of America respectfully moves this Court for a preliminary order of

forfeiture as to defendant, Mirza Michael Reazuddin, for the reasons set forth in the following

supporting suggestions. A proposed order is submitted with this motion.

                                SUPPORTING SUGGESTIONS

       1.       On April 4, 2023, a federal grand jury sitting in the Western District of Missouri

returned an 11-count Indictment against the defendant, Mirza Michael Reazuddin (hereinafter,

“Defendant”), charging him with wire fraud, in violation of Title 18, United States Code, Section

1343, and money laundering, in violation of Title 18, United States Code, Section 1957.

ECF No. 1.

       2.       The forfeiture allegation of the Indictment sought forfeiture, pursuant to Title 18,

United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461, of any

property, real or personal, constituting or derived from proceeds traceable to Defendant’s wire

fraud, including but not limited to a money judgment in the amount of at least $804,100. The

forfeiture allegation further sought forfeiture, pursuant to Title 18, United States Code, Section

982(a)(1), of any property, real or personal, involved in Defendant’s money laundering activity,




            Case 4:23-cr-00067-BP Document 51 Filed 05/20/24 Page 1 of 6

and any property traceable to such property, including but not limited to a money judgment in an

amount of the proceeds traceable to money laundering.

       3.       On December 21, 2023, a Notice and Bill of Particulars for Forfeiture of Property

was filed by the United States, giving notice that it was seeking forfeiture of the real property,

together with all its buildings, appurtenances, and improvements, known as 1925 Severbrook

Place, Lawrenceville, Georgia, which is more fully described as follows:

       All that tract or parcel of land lying and being in Land Lot 83, of the 7th District,
       Gwinnett County, Georgia, being Lot 71, Block A, Clairemont F.K.A. Sever Creek,
       as per plat recorded in Plat Book 107, Page 300, and 108, Page 1, Gwinnett County,
       Georgia records, said plat being incorporated herein and made a part hereof by
       reference.

(hereinafter, the “Subject Property”). ECF No. 36. The Bill of Particulars advised that the United

States was seeking forfeiture of the above-described real property as constituting or derived from

proceeds Defendant obtained directly and indirectly as a result of Defendant’s wire fraud, and/or

as property involved in Defendant’s money laundering activity or property traceable to such

property. Id.

       4.       On February 5, 2024, Defendant pleaded guilty, pursuant to a written plea

agreement, to Counts Four and Five of the Indictment, and agreed to forfeit his interest in the

Subject Property. ECF No. 42. Defendant further agreed to the imposition of a money judgment

in the amount of $804,100, representing proceeds he personally obtained in connection with the

wire fraud scheme alleged in Count Four. Id.

       5.       The Court’s jurisdiction in this matter is founded in part upon Title 18, United

States Code, Section 981(a)(1)(C), which provides that the following property is subject to

forfeiture to the United States:

       Any property, real or personal, which constitutes or is derived from proceeds
       traceable to a violation of . . . this title or any offense constituting “specified


                                                2

            Case 4:23-cr-00067-BP Document 51 Filed 05/20/24 Page 2 of 6

       unlawful activity” (as defined in section 1956(c)(7) of this title), or a conspiracy to
       commit such offense.

The Court’s jurisdiction in this matter is also founded upon Title 28, United States Code, Section

2461(c), which provides:

       If a person is charged in a criminal case with a violation of Act of Congress for
       which the civil or criminal forfeiture of property is authorized, the Government may
       include notice of the forfeiture in the indictment or information pursuant to the
       Federal Rules of Criminal Procedure. If the defendant is convicted of the offense
       giving rise to the forfeiture, the court shall order the forfeiture of the property as
       part of the sentence in the criminal case pursuant to the Federal Rules of Criminal
       Procedure and section 3554 of title 18, United States Code. The procedures in
       section 413 of the Controlled Substance Act (21 U.S.C. § 853) apply to all stages
       of a criminal forfeiture proceeding, except that subsection (d) of such section
       applies only in cases in which the defendant is convicted of a violation of such Act.

The Court’s jurisdiction in this matter is also founded upon Title 18, United States Code, Section

982(a)(1), which provides that:

       The court, in imposing sentence on a person convicted of an offense in violation of
       section 1956, 1957, or 1960 of this title, shall order that the person forfeit to
       the United States any property, real or personal, involved in such offense, or any
       property traceable to such property.

       6.      Rules 32.2 (b)(1)(A), (b)(1)(B), (b)(2)(A), and (b)(3), of the Federal Rules of

Criminal Procedure, provide that:

       (b)(1)(A) As soon as practical after a verdict or finding of guilty, or after a plea of
       guilty or nolo contendere is accepted, on any count in an indictment or information
       regarding which criminal forfeiture is sought, the court must determine what
       property is subject to forfeiture under the applicable statute. If the government seeks
       forfeiture of specific property, the court must determine whether the government
       has established the requisite nexus between the property and the offense. If the
       government seeks a personal money judgment, the court must determine the
       amount of money that the defendant will be ordered to pay.

       (b)(1)(B) The court’s determination may be based on evidence already in the
       record, including any written plea agreement, and on any additional evidence or
       information submitted by the parties and accepted by the court as relevant and
       reliable. If the forfeiture is contested, on either party’s request the court must
       conduct a hearing after the verdict or finding of guilty.



                                                 3

            Case 4:23-cr-00067-BP Document 51 Filed 05/20/24 Page 3 of 6

       (b)(2)(A) If the court finds that property is subject to forfeiture, it must promptly
       enter a preliminary order of forfeiture setting forth the amount of any money
       judgment, directing the forfeiture of specific property, and directing the forfeiture
       of any substitute property if the government has met the statutory criteria. The court
       must enter the order without regard to any third party’s interest in the property.
       Determining whether a third party has such an interest must be deferred until any
       third party files a claim in an ancillary proceeding under Rule 32.2(c).

       (b)(3) The entry of a preliminary order of forfeiture authorizes the Attorney General
       (or a designee) to seize the specific property subject to forfeiture; to conduct any
       discovery the court considers proper in identifying, locating, or disposing of the
       property; and to commence proceedings that comply with any statutes governing
       third-party rights. The court may include in the order of forfeiture conditions
       reasonably necessary to preserve the property’s value pending any appeal.

       7.        To obtain an order of forfeiture pursuant to Rule 32.2(b), the United States must

establish the required nexus between the subject property and the offense(s) of conviction by a

preponderance of the evidence. See United States v. Garbacz, 33 F.4th 459, 472 (8th Cir. 2022).

       8.        Based upon the evidence set forth in the plea agreement, the United States has

established the requisite nexus between the Subject Property and the offenses to which Defendant

has pleaded guilty, pursuant to Federal Rule of Criminal Procedure 32.2(b)(1). Specifically, the

United States has established that the Subject Property constitutes or was derived from proceeds

obtained, directly and indirectly, as a result of the aforementioned offenses, and/or property used

or intended to be used to commit, or to facilitate the commission of, the offenses. Accordingly, the

Subject Property is subject to forfeiture to the United States pursuant to 21 U.S.C. § 853.

       9.        The United States requests that the Court orally announce the final calculated

amount of the money judgment at the time of sentencing and include the final calculated amount

of the money judgment in its Judgment and Commitment Order. See Fed. R. Crim. P.

32.2(b)(4)(B).

       10.       In accordance with the provisions of Title 21, United States Code, Section 853(p),

and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the United States requests that it

                                                 4

             Case 4:23-cr-00067-BP Document 51 Filed 05/20/24 Page 4 of 6

be permitted to seize the specific property subject to forfeiture, whether held by Defendant or a

third party, and to undertake whatever discovery is necessary to identify, locate, or dispose of

property subject to forfeiture, or substitute assets for such property.

        11.      Upon the issuance of a Preliminary Order of Forfeiture, and pursuant to Title 21,

United States Code, Section 853, the United States will publish for at least 30 consecutive days on

the government’s official web site, www.forfeiture.gov, notice of the Preliminary Order of

Forfeiture, notice of the Department of Treasury’s intent to dispose of the Subject Property in such

manner as the Secretary of the Treasury may direct, and notice that any person, other than

Defendant, having or claiming a legal interest in the Subject Property must file a petition with the

Court (and serve a copy on Stephanie C. Bradshaw, Assistant United States Attorney) within thirty

(30) days of the final publication of notice or of receipt of actual notice, whichever is earlier. This

notice shall state that the petition shall be for a hearing to adjudicate the validity of the petitioner’s

alleged interest in the Subject Property, 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 and any additional facts supporting the petitioner’s claim and the relief sought. The

United States may also, to the extent practicable, provide direct written notice to any person known

to have alleged an interest in the Subject Property that is the subject of the Preliminary Order of

Forfeiture, as a substitute for published notice as to those persons so notified.




                                                    5

              Case 4:23-cr-00067-BP Document 51 Filed 05/20/24 Page 5 of 6

       Accordingly, the United States respectfully moves this Court for a Preliminary Order of

Forfeiture, as proposed in the attached Order, authorizing the United States to seize the Subject

Property identified herein, and to begin proceedings consistent with the requirements of Title 21,

United States Code, Section 853(n). The United States also requests that this Court enter an Order

directing a money judgment against Defendant, individually, in the amount of $804,100.


                                             Respectfully submitted,

                                             TERESA A. MOORE
                                             United States Attorney

                                     By
                                             /s/ Paul S. Becker
                                             Paul S. Becker
                                             Assistant United States Attorney
                                             400 E. 9th Street, Fifth Floor
                                             Kansas City, Missouri 64106
                                             Telephone: (816) 426-3122



                                CERTIFICATE OF SERVICE

       I hereby certify that on May 20, 2024, the foregoing motion was electronically filed with
the Clerk of the Court using the CM/ECF system, for electronic delivery to all counsel of record.


                                             /s/ Paul S. Becker
                                             Paul S. Becker
                                             Assistant United States Attorney




                                                6

          Case 4:23-cr-00067-BP Document 51 Filed 05/20/24 Page 6 of 6

File and source

File

gov.uscourts.mowd.168878.51.0.pdf

Size

170,579 bytes

SHA-256

0feb4d1ffb634b21821fa0414df2f048fead6678f219458677de48be448d9892

Our copy

gov.uscourts.mowd.168878.51.0.pdf

Original

archive.org