Preliminary Order of Forfeiture — United States v. Alexander Barabash (D. Md.)

Record facts

U.S. District Court, District of Maryland · No. 1:22-cr-00232-JKB · Doc. 32 · 2023-06-27 · Docket on CourtListener

Full text

Case 1:22-cr-00232-JKB Document 32 Filed 06/27/23 Page 1of3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA *
| v. * CRIMINAL NO. JKB-22-232
ALEXANDER BARABASH, *
Defendant *

PRELIMINARY ORDER OF FORFEITURE

WHEREAS, on June 29, 2022, a federal grand jury sitting in the District of Maryland
returned an Indictment, charging ALEXANDER BARAB ASH (the “Defendant”) with Wire /
Fraud, in violation of 18 U.S.C. § 1343 (Count One), and Money Laundering, in violation of 18
U.S.C. § 1957 (Counts Two through Seven); |

WHEREAS, the Indictment also included:a forfeiture allegation, pursuant to 18 U.S.C.
§ 982 and 21 U.S.C. § 853(p), which provided notice that the United States intended to seek
forfeiture, upon conviction of the Defendant, of the offenses alleged in Counts One through
Seven of the Indictment;

WHEREAS, on March 24, 2023, the Defendant pled guilty to the offense alleged in
Count One of the Indictment;

WHEREAS, as part of his guilty plea, the Defendant agreed to entry of an order of
forfeiture, as part of the Defendant’s sentence, to include a money judgment of at least
$1,295,000 in U.S. currency equal to the value of the property derived from, or otherwise
involved in, the Defendant’s offense;

WHEREAS, pursuant to 18 U.S.C. § 982(a)(2)(A), (b\(1), and 21 U.S.C. § 853(p), and

Rule 32.2(b}(2) of the Federal Rules .of Criminal Procedure, the United States is now entitled to a
Case 1:22-cr-00232-JKB Document 32 Filed 06/27/23 Page 2 of 3

Preliminary Order of Forfeiture imposing a money judgment in the amount of: $1,295,000 in U.S.
currency against the Defendant; |

ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED that:

L. The United States’ Motion for a Preliminary Order of Forfeiture is GRANTED.

2. Pursuant to 18 U.S.C. § 982(a)(2)(A), (b)(1), 21 U.S.C. § 853(p) and Rule 32.2 of
the Federal Rules of Criminal Procedure, a forfeiture money judgment in the amount of
$1,295,000 in U.S. currency is hereby entered against the Defendant.

3. The Defendant shall remain personally liable until the judgment is satisfied. The
value of any substitute assets shall be credited toward the satisfaction of the money judgment.
Likewise, the value of any directly forfeitable property that is forfeited as the proceeds of the
offense shall also be credited toward the satisfaction of the money judgment, but property
. forfeited as property used to commit or to facilitate the commission of the offense shall not be so
credited.

4, The United States is authorized to conduct any discovery that might be necessary .
to identify, locate, or dispose of forfeited property, and to resolve any third-party petition,
pursuant to Rule 32.2(b)(3), (c)(1)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C.
§ 853(m).

5. Pursuant to Rule 32.2(b)(6) and (c)(1), no third-party notice or ancillary
proceeding is required to the extent that this Order consists solely of a money judgment.

6. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
Preliminary Order of Forfeiture will become final as to the Defendant at the time of his
sentencing, will be part of the Defendant’s criminal sentence, and will be included in the

criminal judgment entered by this Court against him.
Case 1:22-cr-00232-JKB Document 32 Filed 06/27/23 Page 3of3

te The Court shall retain jurisdiction in this matter for the purpose of enforcing this
Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend

this Order, or enter other orders as necessary, to forfeit additional specific property or substitute

ae fa

Hon. James K. Bredar
United States District Judge

property when identified.

Dated: iin z es Zor?

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