Consent Preliminary Order of Forfeiture/ Money Judgment — No. 1:22-cr-00012 (Dkt. 72, S.D.N.Y.)

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A consent preliminary order of forfeiture and money judgment as to Mariluz Fermin in United States v. Mariluz Fermin, 22 Cr. 12 (JPO), in the U.S. District Court for the Southern District of New York, filed October 5, 2023 as Document 72. It recites that on or about January 6, 2022 the defendant, among others, was charged in a three-count indictment with conspiracy to commit wire fraud under Title 18, United States Code, Section 1349 (Count One) and theft of government funds, and pled guilty to Count One on or about May 3, 2023 under a plea agreement admitting the forfeiture allegation. The order enters a money judgment of $1,256,715 in United States currency, representing the proceeds traceable to the offense charged in Count One.

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Case 1:22-cr-00012-JPO Document 72 Filed 10/05/23 Page 1 of 4




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------                  X


UNITED STATES OF AMERICA
                                                          CONSENT PRELIMINARY ORDER
                - V. -                                    OF FORFEITURE/
                                                          MONEY JUDGMENT
MARIJUZ FERMIN,
                                                          22 Cr. 12 (JPO)
                         Defendant.

----------------------------------                  X


                WHEREAS, on or about January 6, 2022, MARILUZ FERMIN (the "Defendant"),

among others, was charged in a three-count Indictment, 22 Cr. 12 (JPO) (the "Indictment"), with

conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349 (Count

One); theft of government funds, in violation of Title 18, United States Code, Sections 641 and 2

(Count Two); and aggravated identity theft, in violation of Title 18, United States Code, Sections

1028A(a)(l) and (b), and (2) (Count Three);

                WHEREAS, the Indictment included a forfeiture allegation as to Counts One and

Two of the Indictment, seeking forfeiture to the United States, pursuant to Title 18, United States

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

property, real and personal which constitutes or is derived from proceeds traceable to the

commission of the offense charged in Count One of the Indictment, including but not limited to a

sum of money in United States currency representing the proceeds traceable to the commission of

the offenses charged in Counts One and Two of the Indictment;

                WHEREAS, on or about May 3, 2023, the Defendant pled guilty to Count One

of the Indictment, pursuant to a plea agreement with the Government, wherein the

Defendant admitted the forfeiture allegation with respect to Count One of the Indictment and

agreed to forfeit,

        Case 1:22-cr-00012-JPO Document 72 Filed 10/05/23 Page 2 of 4




pursuant to Title 18, United States Code, Section 981 (a)(l )(C) and Title 28, United States Code,

Section 2461 (c), a sum of money equal to $1,256,715 in United States currency representing the

proceeds traceable to the commission of the offense charged in Count One of the Indictment;

               WHEREAS, the Defendant consents to the entry of a money judgment in the

amount of $1,256,715 in United States currency representing the amount of proceeds traceable to

the offense charged in Count One of the Indictment, that the Defendant personally obtained, for

which the Defendant is jointly and severally liable with her co-defendants, Bellanilda Fermin and

Juan Nolasco ("Co-defendants"), to the extent forfeiture money judgments are entered against the

Co-defendants in this case; and

               WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the

Defendant, the proceeds traceable to the offense charged in Count One of the Indictment that the

Defendant personally obtained cannot be located upon the exercise of due diligence.

               IT IS HEREBY STIPULATED AND AGREED, by and between the United States

of America, by its attorney Damian Williams, United States Attorney, Assistant United States

Attorney, Mitzi S. Steiner of counsel, and the Defendant, and her counsel, Arthur G. Trakas, Esq.,

that:

               1.     As a result of the offenses charged in Counts One and Two of the

Indictment, to which the Defendant pled guilty, a money judgment in the amount of $1,256,715

in United States currency (the "Money Judgment"), representing the amount of proceeds traceable

to the offense charged in Count One of the Indictment that the Defendant personally obtained, for

which the Defendant is jointly and severally liable the Co-defendants to the extent forfeiture

money judgments are entered against them in this case, shall be entered against the Defendant.

      Case 1:22-cr-00012-JPO Document 72 Filed 10/05/23 Page 3 of 4




               2.      Pursuant to Rule 32.2(6)(4) of the Federal Rules of Criminal Procedure, this

Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, MARLIUZ

FERMIN, and shall be deemed part of the sentence of the Defendant, and shall be included in the

judgment of conviction therewith.

               3.      All payments on the outstanding money judgment shall be made by

postal money order, bank or certified check, made payable, in this instance, to the United States

Marshall Service, and delivered by mail to the United States Attorney's Office, Southern District

of New York, Attn: Money Laundering and Transnational Criminal Enterprises Unit, One St.

Andrew's Plaza, New York, New York 10007 and shall indicate the Defendant's name and case

number

               4.      The United States Marshall Service or its designee shall be authorized to

deposit the payment on the Money Judgment into the Treasury Assets Forfeiture Fund, and the

United States shall have clear title to such forfeited property.

               5.      Pursuant to Title 21, United States Code, Section 853(p), the United States

is authorized to seek forfeiture of substitute assets of the Defendant up to the uncollected amount

of the Money Judgment.

               6.      Pursuant to Rule 32.2(6)(3) of the Federal Rules of Criminal Procedure, the

United States Attorney's Office is authorized to conduct any discovery needed to identify, locate

or dispose of forfeitable prope1ty, including depositions, inten·ogatories, requests for production

of documents and the issuance of subpoenas.

               7.      The Court shall retain jurisdiction to enforce this Consent Preliminary Order

of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal

Rules of Criminal Procedure.

      Case 1:22-cr-00012-JPO Document 72 Filed 10/05/23 Page 4 of 4




               8.     The signature page of this Consent Preliminary Order of Forfeiture/Money

Judgment may be executed in one or more counterparts, each of which will be deemed an original

but all of which together will constitute one and the same instrument.

AGREED AND CONSENTED TO:

DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York

By:    ~ ~
       MITZs~ STEINER                                               DATE
                                                                         5/3/23

       Assistant United States Attorney
       One St. Andrew's Plaza
       New York, NY 10007
       (212) 637-2284


MARILUZ FERMIN


By:




By:                                                                      s--1 3 I 2 .3
       ARTHUR G. TRAKAS, ESQ.                                       DATE
       Attorney for Defendant
       31-19 Newton Avenue, Suite 500
       Astoria, NY 11102

SO ORDERED:

                                                                 - /0 !L.J 1-i-J
H~EN                                                                ~
UNITED STATES DISTRICT JUDGE

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