Consent Order of Forfeiture — United States v. Tezna (Dkt. 21, E.D. Va.)

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A consent order of forfeiture in United States of America v. Andrew Alexander Tezna, Criminal No. 1:21-cr-77-CMH, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, filed in open court July 15, 2021. It recites that on April 19, 2021 Tezna pleaded guilty to a single-count Criminal Information charging bank fraud under Title 18, United States Code, Section 1344(2), and agreed to a monetary judgment of $285,449.11 representing the proceeds of Count One, and that the defendant waives the procedural rules on notice and announcement of forfeiture. The order forfeits a sum of money of $285,449.11 under 18 U.S.C. 982(a)(2)(A) and states that no ancillary proceeding is needed. It is signed by United States District Judge Hilton and agreed by the government and defense counsel Page Anthony Pate.

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Case 1:21-cr-00077-CMH. Document 21 Filed 07/15/21 Page 1 of 3 PagelD# 261
                                                                         ~~
                                                                                     FILED
                                                                                 IN OPEN COURT

                                                                               JUL 1 5 999}
                  IN THE UNITED STATES DISTRICT COURT FOR TH
                           EASTERN DISTRICT OF VIRGINIA                     CLERK, goa USS. DISTR {I ality
                                    Alexandria Division
UNITED STATES OF AMERICA

              V.                                 Criminal No. 1:21-cr-77-CMH

ANDREW ALEXANDER TEZNA
       a/k/a N. ANDREW TEZNA
       a/k/a NESTOR ANDRES TEZNA

              Defendant.

                           CONSENT ORDER OF FORFEITURE

       WHEREAS, on April 19, 2021, Defendant Andrew Alexander Tezna pled guilty to a

single count Criminal Information, charging the defendant with bank fraud, in violation of Title

18, United States Code, Section 1344(2), and pursuant to the defendant’s plea, the defendant

agreed to the entry of a monetary judgment of $285,449.11, representing the proceeds the

defendant obtained as a result of Count One;

       AND WHEREAS, the defendant agrees to waive the provisions of Federal Rules of

Criminal Procedure 11(b)(1)(J), 32.2(a), 32.2(b)(4) and 43(a) with respect to discussion of

forfeiture at the plea colloquy, notice of forfeiture in the charging instrument, and announcement

of the forfeiture at sentencing and incorporation of the forfeiture in the judgment;

       NOW, THEREFORE, IT IS HEREBY ORDERED ADJUDGED AND DECREED

THAT:

    1. The following property is forfeited to the United States, pursuant to 18 U.S.C.

982(a)(2)(A):

              A sum of money in the amount of $285,449.11, which represents the
              proceeds of Count One obtained by the defendant and which sum
              shall constitute a monetary judgment against the defendant and in
              favor of the United States. This is a sum for which the defendant shall
              be solely liable.

Case 1:21-cr-00077-CMH Document 21 Filed 07/15/21 Page 2 of 3 PagelD# 262

2. The United States of America may collect said judgment by all available means,
including but not limited to the forfeiture of direct proceeds and substitute assets. The defendant
stipulates and the Court finds that the requirements of 21 U.S.C. § 853(p)(1) have been met.

3. Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States is
authorized to conduct any appropriate discovery including depositions, interrogatories, requests
for production of documents and for admissions, and pursuant to Fed. R. Civil P. 45, the issuance
of subpoenas.

4. Pursuant to Fed. R. Crim. P. 32.2(b)(4), this order shall be included in the judgment in
this case.

5. Because the forfeiture consists of a money judgment, no ancillary proceeding is
necessary as directed by Fed. R. Crim. P. 32.2(c)(1).

July _/5, 2021
Alexandria, Virginia

3, Loe

United States District Judge Hilton


Case 1:21-cr-00077-CMH Document 21 Filed 07/15/21 Page 3 of 3 PagelD# 263

WE ASK FOR THIS:

Raj Parekh
Acting United States Attorney
Eastern District of Virginia

By: KL. LZ

Kimberly M. Shartar
Jamar K. Walker
Assistant United States Attorneys

Andrew Alexande
Defendant

Page Anthony Pate, Esq.
Counsel for the Defendant

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