Order of Forfeiture (Money Judgment) — Gardy Alexandre

Record facts

U.S. District Court, District of Massachusetts · No. 1:24-cr-10007-MJJ · Doc. 70 · 2024-05-28 · Docket on CourtListener

Summary

An order of forfeiture (money judgment) in United States v. Gardy Alexandre, Criminal No. 24-CR-10007-MJJ, filed May 28, 2024 as Document 70 in the U.S. District Court for the District of Massachusetts under the name of District Judge Joun. It recites that a two-count Information filed January 16, 2024 charged the defendant with conspiracy to commit wire fraud under 18 U.S.C. § 1349 and conspiracy to engage in unlawful money transactions under 18 U.S.C. § 1956(h). The order states that the defendant pled guilty to both counts on January 16, 2024 and agreed in Section 6 of the plea agreement to forfeit $443,760. It orders the defendant to forfeit $443,760, allows the government to seek substitute property under Rule 32.2(e), and directs that the order be included in the sentence and criminal judgment.

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Case 1:24-cr-10007-MJJ Document 70 Filed 05/28/24 Page1of4

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA )
V. ) Criminal No. 24-CR-10007-MJJ
GARDY ALEXANDRE,
Defendant. )

ORDER OF FORFEITURE (MONEY JUDGMENT)
JOUN, D.J.

WHEREAS, 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 ULS.C. § 1349 (Count One), and Conspiracy
to Engage in Unlawful Money Transactions, in violation of 18 U.S.C, § 1956(h) (Count Two);

WHEREAS, the Information also included a Wire Fraud Forfeiture Allegation, pursuant to
ISULS.C_§ 98) (aC) 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 any 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;

WHEREAS, 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
WHEREAS, the Information also included a Money Laundering Forfeiture Allegation,

pursuant to 18 ULS.C. § 982(a)(1), which provided notice that the United States intended to seek
Case 1:24-cr-10007-MJJ Document 70 Filed 05/28/24 Page2of4

the forfeiture, upon conviction of the Defendant of any 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;

WHEREAS, 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

WHEREAS, 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 ULS.C, § 2461 (c).

WHEREAS, 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;

WHEREAS, 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 his offense as a result
of his guilty plea;

WHEREAS, based on the Defendant's admissions in the written plea agreement and his
Case 1:24-cr-10007-MJJ Document 70 Filed 05/28/24 Page 3of4

guilty plea on January 16, 2024, the United States is entitled to an Order of Forfeiture consisting
ofa personal money judgment against the Defendant, in the amount of $443,760 in United States
currency, pursuant to 18 ULS.C, § 982(a)(1), 18 ULS.C, § 98] (ay(I(C), and 28 U.S.C, § 2461 (c);

WHEREAS, the amount of 18 U.S.C, § 1956(h) constitutes proceeds that the Defendant
obtained or involved in his offense as a result of violations of 18 U.S.C, § 1349 and 18 U.S.C, §
1956(h); and

WHEREAS, Rule 32:2(c)(1) of the Federal Rules of Criminal Procedure provides that “no
ancillary proceeding is required to the extent that the forfeiture consists of a money judgment.”

ACCORDINGLY, it is hereby ORDERED, ADJUDGED, and DECREED:

1. The Deféndant shall forfeit to the United States the sum of $443,760, pursuant to

2. This Court shall retain jurisdiction in the case for the purpose of enforcing this
Order,

' 3. The United States may, at any time, move pursuant to Rule 32.2(e) of the Federal
Rules of Criminal Procedure to amend this Order to substitute property having a value not to
exceed the amount set forth in Paragraph | to satisfy the money judgment in whole or in part.

4. The United States may, at any time, conduct pursuant to Rule 32.2(b)(3) of the
Federal Rules of Criminal Procedure and 2] U.S.C. § 853(m), as incorporated by 28 U.S.C. 2461,
any discovery to identify, locate or dispose of forfeitable property or substitute assets, including,
but not limited to, depositions and requests for documents, electronically stored information, and

tangible things.
Case 1:24-cr-10007-MJJ Document 70 Filed 05/28/24 Page 4 of 4

3 Pursuant to Rule 32.2(b)(4), this Order shall be included in the sentence pronounced
and imposed by the Court at the sentencing hearing, and in the criminal judgment

entered by this Court against the Defendant.

MYONG J. J ae
United States rictJudge

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