Consent Preliminary Order of Forfeiture / Money Judgment — United States v. Amos Mundendi

Summary

A consent preliminary order of forfeiture and money judgment in United States v. Amos Mundendi, No. 1:21-cr-00247-PAE, filed April 4, 2022 as Document 130 in the U.S. District Court for the Southern District of New York. It recites that the defendant was charged on or about December 7, 2021 in a superseding indictment including conspiracy to commit wire fraud (Count Three), and pled guilty to Count Three on or about April 4, 2022 under a plea agreement. The defendant consents to a money judgment of $78,653.00, representing proceeds traceable to that offense that he personally obtained. The order authorizes the government to seek substitute assets under Title 21, United States Code, Section 853(p). It is agreed by the U.S. Attorney's Office and defense counsel Tamara Giwa, with a So Ordered block for Judge Paul A. Engelmayer.

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Case 1:21-cr-00247-PAE Document 130 Filed 04/04/22 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA
: CONSENT PRELIMINARY ORDER
“V+ OF FORFEITURE/
: MONEY JUDGMENT
AMOS MUNDENDIL
33 21 Cr, 247 (PAB)
Defendant.
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WHEREAS, on or about December 7, 2021, AMOS MUNDENDI (the
“Defendant”), was charged m four counts of a seven-count Superseding Indictment, $3 2] Cr. 246
(PAE) (the “Indictment”), with inter alia, conspiracy to commit wire fraud, in violation of Title
18, United States Code, Sections 1349 (Count Three);

WHEREAS, the Indictment included a forfeiture allegation as to Count Three of
the Indictment, seeking forfeiture to the United States Section 981(a)(1)(C) and Title 28, United
States Code, Section 2461 (c), of any and all property, real or personal, that constitutes or is derived
from proceeds traceable to the commission of the offense charged in Count Three of the
Indictment, including but not limited to a sum of money in United States currency representing the
amount of proceeds traceable to the commission of the offense charged in Count Three of the
Indictment;

WHEREAS, on or about April 4, 2022, the Defendant pled guilty to Count Three
of the Indictment, pursuant to a plea agreement with the Government, wherein the Defendant
admitted the forfeiture allegation with respect to Count Three of the Indictment and agreed to
forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C), a sum
of money equal to $78,653.00 in United States currency, representing proceeds traceable to the

commission of the offense charged in Count Three of the Indictment;
Case 1:21-cr-00247-PAE Document 130 Filed 04/04/22 Page 2 of 4

WHEREAS, the Defendant consents to the entry of a money judgment in the
amount of $78,653.00 in United States currency representing the amount of proceeds traceable to
the offense charged in Count Three of the Indictment that the Defendant personally obtained; 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 Three 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, Dina McLeod of counsel, and the Defendant, and his counsel, Tamara Giwa, Esq., that:

1. As a result of the offense charged in Count One of the Indictment, to which
the Defendant pled guilty, a money judgment in the amount of $78,653.00 in United States
currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense
charged in Count Three of the Indictment that the Defendant personally obtained, 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, AMOS
MUNDENDI, and shall be deemed part of the sentence of the Defendant, and shal! 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 Marshals
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.

Case 1:21-cr-00247-PAE Document 130 Filed 04/04/22 Page 3 of 4

4, The United States Marshals Service is authorized to deposit the payments
on the Money Judgment in the 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) 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 property, including depositions, interrogatories, 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.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Case 1:21-cr-00247-PAE Document 130 Filed 04/04/22 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

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Dina McLeod

Assistant Criteff States Attorney
One St. Andrew’s Plaza

New York, NY 10007

(212) 637-1040

AMOS MUNDENDI
AMOS MUNDENDI

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Tamara Giwa, Esq.

Attorney for Defendant

Federal Defenders of New York
52 Duane Street, 10th Floor
New York, NY 10007

SO ORDERED:

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HONORABLE PAUL A. ENGELMAYER
UNITED STATES DISTRICT JUDGE

DATE

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DATE

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