Motion for Order of Forfeiture — United States v. Adiana Pierre, et al. (D. Mass., 2024-05-17, 2)

Record facts

U.S. District Court, District of Massachusetts · No. 1:24-cr-10007-MJJ · Doc. 66 · 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 
 
) 
 
ADIANA PIERRE, 
) 
 
 
) 
 
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) and a Preliminary Order of Forfeiture 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 
(Money Judgement) and Preliminary Order of Forfeiture are 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 Adiana Pierre (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 
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limitation: 
a. 
$427,605 in United States currency, to be entered in the form of an Order of 
Forfeiture (Money Judgement) against ADIANA PIERRE; and 
b. 
A Porsche Macan with VIN WP1AA2A52JLB08044, registered to ADIANA 
PIERRE and seized on January 25, 2023, from Lookout Mountain, TN. 
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. 
$427,605 in United States currency, to be entered in the form of an Order of 
Forfeiture (Money Judgement) against ADIANA PIERRE. 
b. 
A Porsche Macan with VIN WP1AA2A52JLB08044, registered to ADIANA 
PIERRE and seized on January 25, 2023, from Lookout Mountain, TN. 
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, 
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pursuant to a written plea agreement that he signed on January 9, 2024.  See Docket No. 42.  In 
Section 6 of the plea agreement, the Defendant agreed to forfeit to the United States $427,605 on 
the grounds that it is equal to the amount of proceeds Defendant derived from the offense and/or 
the amount of money involved in Defendant’s offenses charged in Counts One and Two.  Id. at 
4-5.  The Defendant also agreed to forfeit to the United States the Porsche Macan (the “Property”) 
on the grounds that it constitutes or is derived from proceeds of Defendant’s offenses and/or was 
involved in the Defendant’s offenses charged in Counts One and Two.  Id. 
Money Judgement 
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 $427,605, 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 crimes and/or the amount of money involved in Defendant’s 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.”) 
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(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 
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. 
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Preliminary Order of Forfeiture 
10. 
In light of the Defendant’s guilty plea and admissions in the plea agreement, the 
United States has established the requisite nexus between the Property and the offenses to which 
the Defendant pled guilty.  Accordingly, the Property is subject to forfeiture to the United States 
pursuant to 18 U.S.C. § 982(a)(1), 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 2461(c).  
11. 
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)(2) of the Federal Rules of Criminal Procedure, the United States is now entitled 
to a Preliminary Order of Forfeiture against the Property. 
12. 
Upon the issuance of a Preliminary Order of Forfeiture and 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)(6)(C) of the Federal 
Rules of Criminal Procedure, the United States shall publish, for thirty (30) consecutive calendar 
days on the government forfeiture website www.forfeiture.gov, notice of the Preliminary Order of 
Forfeiture, notice of the United States’ intent to dispose of the Property, and notice that any person, 
other than the Defendant, having or claiming a legal interest in the Property must file a petition 
with the Court within sixty (60) days after the first day of publication on the government forfeiture 
website or within thirty (30) days after receipt of actual notice, whichever is earlier. 
13. 
This notice shall state that the petition shall be for a hearing to adjudicate the 
validity of the petitioner’s alleged interest in the 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. 
14. 
The United States may also, to the extent practicable, provide direct written notice 
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to any person known to have alleged an interest in the Property that is the subject of the Preliminary 
Order of Forfeiture as a substitute for published notice as to those persons so notified. 
WHEREFORE, the United States requests that this Court: 
(a) 
enter the Order of Forfeiture (Money Judgment) in the form submitted herewith; 
(b) 
enter the Preliminary Order of Forfeiture in the form submitted herewith; 
(c) 
retain jurisdiction in this case for purposes of enforcing the forfeiture; 
(d) 
include the forfeiture, as set forth in the Order of Forfeiture (Money Judgment) and 
the Preliminary Order of Forfeiture, in the oral pronouncement of the Defendant's sentence; and 
(e) 
incorporate the Order of Forfeiture (Money Judgment) and Preliminary Order of 
Forfeiture in the criminal judgment entered against the Defendant, pursuant to Federal Rule of 
Criminal Procedure 32.2(b)(4). 
 
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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