Motion for Order of Forfeiture (Money Judgment) — United States v. Adiana Pierre, et al. (D. Mass., 2024-05-17, 1)

Record facts

U.S. District Court, District of Massachusetts · No. 1:24-cr-10007-MJJ · Doc. 65 · 2024-05-17 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
 
DISTRICT OF MASSACHUSETTS 
 
UNITED STATES OF AMERICA 
) 
 
 
) 
 
v. 
) 
Criminal No. 24-CR-10007-MJJ 
 
) 
 
GARDY ALEXANDRE, 
) 
 
 
) 
 
Defendant. 
) 
 
 
 
UNITED STATES’ MOTION FOR ORDER OF FORFEITURE (MONEY JUDGMENT) 
The United States of America, by its attorney, Joshua S. Levy, Acting United States 
Attorney for the District of Massachusetts, respectfully moves this Court for the issuance of an 
Order of Forfeiture (Money Judgment) in the above-captioned case pursuant to 18 U.S.C. 
§ 982(a)(1), 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c) and Rule 32.2(b) of the Federal Rules 
of Criminal Procedure.  A proposed Order of Forfeiture is submitted herewith.  In support 
thereof, the United States sets forth the following: 
1. 
On January 16, 2024, the United States Attorney for the District of Massachusetts 
filed a a two-count Information, charging Gardy Alexandre (the “Defendant”), with Conspiracy 
to Commit Wire Fraud, in violation of 18 U.S.C. § 1349 (Count One), and Conspiracy to Engage 
in Unlawful Money Transactions, in violation of 18 U.S.C. § 1956(h) (Count Two).  
2. 
The Information also included a Wire Fraud Forfeiture Allegation, pursuant to 18 
U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), which provided notice that the United States 
intended to seek the forfeiture, upon conviction of the Defendant of the offense alleged in Count 
One of the Information, of any property, real or personal, that consititues, or is derived from, 
proceeds traceable to the commission of the offense.  Such property specifically included, without 
limitation: 
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a. 
$443,760 in United States currency, to be entered in the form of an Order of 
Forfeiture (Money Judgement) against GARDY ALEXANDRE. 
3. 
The Information also included a Money Laundering Forfeiture Allegation, pursuant 
to 18 U.S.C. § 982(a)(1), which provided notice that the United States intended to seek the 
forfeiture, upon conviction of the Defendant of the offense alleged in Count Two of the 
Information, of any property, real or personal, that consititues, or is derived from, proceeds 
traceable to the commission of the offense.  Such property specifically included, without 
limitation: 
a. 
$443,760 in United States currency, to be entered in the form of an Order of 
Forfeiture (Money Judgement) against GARDY ALEXANDRE. 
4. 
The Information further provided that, if any of the above-described forfeitable 
property, as a result of any act or omission by the Defendant, (a) cannot be located upon the 
exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) 
has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in 
value; or (e) has been commingled with other property which cannot be divided without difficulty, 
the United States is entitled to seek forfeiture of any other property of the Defendant, up to the 
value of such assets, pursuant to 21 U.S.C. § 853(p), as incoporated by 28 U.S.C. § 2461(c).  
5. 
On January 16, 2024, at a hearing pursuant to Rule 11 of the Federal Rules of 
Criminal Procedure, the Defendant pled guilty to Counts One and Two of the Information, 
pursuant to a written plea agreement that he signed on January 16, 2024.  See Docket No. 39.  In 
Section 6 of the plea agreement, the Defendant agreed to forfeit to the United States $443,760 on 
the grounds that such amount is equal to the amount of proceeds Defendant derived from the 
offense and/or the amount of money involved in the offense as a result of his guilty plea.  Id. At 
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4-5. 
6. 
Based on the Defendant’s admissions in the written plea agreement and his guilty 
plea on January 16, 2024, the United States is entitled to an Order of Forfeiture consisting of a 
personal money judgment against the Defendant, in the amount of $443,760, pursuant to 18 U.S.C. 
§ 982(a)(1), 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 2461(c).  This amount represents the 
proceeds of the Defendant=s crime and/or the amount of money involved in his crime. 
7. 
The entry of an Order of Forfeiture in the form of a personal money judgment is 
specifically authorized by Rule 32.2(b)(1) and (c)(1) of the Federal Rules of Criminal Procedure, 
and such orders of forfeiture are commonplace.  See, e.g., United States v. Ponzo, 853 F.3d 558, 
589-90 (1st Cir. 2017) (criminal forfeiture order may take several forms, including an in personam 
judgment against defendant for amount of money defendant obtained as proceeds of offense); 
United States v. Zorrilla-Echevarria, 671 F.3d 1, 11 n.15 (1st Cir. 2011) (“A criminal forfeiture 
may take the form of either (1) ‘an in personam judgment against the defendant for the amount of 
money the defendant obtained as proceeds of the offense,’ (2) forfeiture of specific assets related 
to criminal activity, or (3) forfeiture of ‘substitute assets’ if the specific assets are unavailable.”) 
(citation omitted); United States v. Hall, 434 F.3d 42, 59 (1st Cir. 2006) (same). 
8. 
Once the Order of Forfeiture is entered, the United States may move at any time, 
pursuant to Rule 32.2(e)(1)(B), to amend the Order to forfeit specific property of the Defendant, 
having a value up to the amount of the money judgment.  See Zorrilla-Echevarria, 671 F.3d at 11 
n.15 (“[a] money judgment permits the government to collect on the forfeiture order … even if a 
defendant does not have sufficient funds to cover the forfeiture at the time of the conviction, the 
government may seize future assets to satisfy the order”); United States v. Saccoccia, 564 F.3d 
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502, 506-07 (1st Cir. 2009) (once government obtains money judgment, it may move at any time 
to forfeit direct or substitute assets in partial satisfaction of that judgment). 
9. 
Upon entry of the Order of Forfeiture, the United States may also, pursuant to Rule 
32.2(b)(3) of the Federal Rules of Criminal Procedure, “conduct any discovery the court considers 
proper in identifying, locating or disposing of the property” that has been forfeited to the United 
States.  Such discovery may include the taking of depositions of witnesses.  See 21 U.S.C. § 
853(m), as incorporated by 28 U.S.C. § 2461; see also United States v. Saccoccia, 354 F.3d 9, 15 
(1st Cir. 2003) (“the government may utilize its enforcement powers under [18 U.S.C. §] 1963(k) 
to ‘trace’ tainted funds”); United States v. Saccoccia, 898 F. Supp. 53, 60 (D.R.I. 1995) (the United 
States can take depositions of defense counsel to determine source of their fees for the purpose of 
locating a pool of assets controlled by defendant that is subject to forfeiture).  In addition, the 
reference in Rule 32.2(b)(3) to “any discovery the court considers proper” necessarily permits the 
court to authorize discovery under the Federal Rules of Civil Procedure.  Such discovery includes, 
but is not limited to, the authority to issue a request for documents to a party under Rule 34 and to 
a non-party under Rules 34(c) and 45. 
WHEREFORE, the United States requests that this Court: 
(a) 
enter the Order of Forfeiture (Money Judgment) in the form submitted herewith; 
(b) 
retain jurisdiction in this case for purposes of enforcing the forfeiture; 
(c) 
include the forfeiture, as set forth in the Order of Forfeiture (Money Judgment), in 
the oral pronouncement of the Defendant's sentence; and 
(d) 
incorporate the Order of Forfeiture (Money Judgment) in the criminal judgment 
entered against the Defendant, pursuant to Federal Rule of Criminal Procedure 32.2(b)(4). 
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Respectfully submitted, 
 
JOSHUA S. LEVY 
Acting United States Attorney 
 
By: 
 /s/ Alexandra W. Amrhein                 
 
 
 
 
 
 
 
ALEXANDRA W. AMRHEIN 
Assistant United States Attorney 
United States Attorney’s Office 
1 Courthouse Way, Suite 9200 
Boston, MA 02210 
 
 
 
 
 
 
 
(617) 748-3100 
 
 
 
Dated: May 17, 2024  
 
 
       alexandra.amrhein@usdoj.gov 
 
 
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