Consent Preliminary Order of Forfeiture/ Money Judgment — No. 1:22-cr-00012 (Dkt. 75, S.D.N.Y.)

Summary

A consent preliminary order of forfeiture and money judgment as to Juan Nolasco in United States v. Juan Nolasco, 22 Cr. 12 (JPO), in the U.S. District Court for the Southern District of New York, filed October 6, 2023 as Document 75. 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 later pled guilty to Count One under a plea agreement. 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.

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

Case 1:22-cr-00012-JPO Document 75 Filed 10/06/23 Page 1 of 4




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORI<
----------------------------------                 X


UNITED STATES OF AMERICA
                                                         CONSENT PRELIMINARY ORDER
              -v. -                                      OF FORFEITURE/
                                                         MONEY JUDGMENT
JUAN NOLASCO,
                                                         22 Cr. 12 (JPO)
                      Defendant.

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


              WHEREAS, on or about January 6, 2022, JUAN NOLASCO (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 Count One of the

Indictment, seeking forfeiture to the United States, pursuant to Title 18, United States Code,

Section 981(a)(l)(C) and Title 28, United States Code, Section 246l(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 April 26, 2023 the Defendant plcd 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, pursuant to Title 18, United States Code, Section 981(a)(l)(C) and Title 28,

United States Code,

        Case 1:22-cr-00012-JPO Document 75 Filed 10/06/23 Page 2 of 4




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

Mariluz Fe1min ("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 his counsel, John L. Russo, Esq.,

that:

               1.     As a result of the offense charged in Count One of the Indictment, to which

the Defendant pied 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 with his Co-defendants to the extent forfeiture money

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

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

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

       Case 1:22-cr-00012-JPO Document 75 Filed 10/06/23 Page 3 of 4




NOLASCO, 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(b)(3) ofthe Federal Rules of Criminal Procedure, the

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

or dispose of f01feitable property, including depositions, interrogatories, requests for production

of documents and the issuance of subpoenas.

                7.     The Comt 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 75 Filed 10/06/23 Page 4 of 4




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

Judgment may be executed in one or more counterpatts, 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




       m· ~
Southern District of New York

                                                                     4/25/23
By:
       ~STEINER                                                     DATE
       Assistant United States Attorney
       One St. Andrew's Plaza
       New York, NY 10007
       (212) 637-2284


JUAN NOLASCO


By:    -..AJ~~~s,J
       JUAN NOLASCO
                                                                  ~t/2-_;,
                                                                         ATW



                                                                     'lf/;u/»
        JP.HN L. RUSSO, ESQ.                                        DATE
         Attorney for Defendant
         31-19 Newton A venue, Suite 500
      ___Astgria, NY 11102




                                                                     '/) /2_ I j oi 3
HONORABLE JOHN PAUL OETKEN                                          ~
UNITED STATES DISTRICT JUDGE

File and source

File

75.pdf

Size

80,599 bytes

SHA-256

7f784555dc37dbed6060cde76e83eeffc6faa7b1a04b7de4a920ff2f44bd6f47

Our copy

75.pdf