Consent Judgment and Order of Forfeiture — United States v. Butherde Darius

Summary

A Consent Judgment and Order of Forfeiture (Money Judgment) in United States of America v. Butherde Darius, in the U.S. District Court for the District of New Jersey, filed November 23, 2022 as Document 26 in Case 3:22-cr-00783-GC. Its recitals state that Darius pleaded guilty under a plea agreement to a two-count Information charging conspiracy to commit bank fraud under 18 U.S.C. § 1349 and money laundering under 18 U.S.C. § 1957, and agreed to a criminal forfeiture money judgment of $852,205. The order forfeits property derived from proceeds of the bank fraud conspiracy and property involved in the money laundering offense, and enters a money judgment of $852,205 under 18 U.S.C. §§ 982(a)(2) and 982(a)(1). The consent lines name Assistant United States Attorney David E. Dauenheimer, defense counsel Rahul Sharma and the defendant.

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Case 3:22-cr-00783-GC Document 26 Filed 11/23/22 Page 1of5 PagelD: 75

202200875 /DED/SD/jw R E C EIVED
NOV 23 2022
UNITED STATES DISTRICT COURT : 3:30
DISTRICT OF NEW JERSEY a WILLIAM 7. WALSH
; CLERK
UNITED STATES OF AMERICA : Hon.
v. Crim. No. 24 22 +] 73 CPG 5)
BUTHERDE DARIUS, : CONSENT JUDGMENT
AND ORDER OF FORFEITURE
Defendant. : (MONEY JUDGMENT)

WHEREAS, on or about Novenbe x, ZO2L pursuant to a plea agreement

with the United States, defendant Butherde Darius pleaded guilty to a two-count
Information that charged him with conspiracy to commit bank fraud, contrary
to 18 U.S.C. § 1344, in violation of 18 U.S.C. § 1349 (Count One) and money
laundering, in violation of 18 U.S.C. § 1957 (Count Two);

WHEREAS, in the plea agreement, the defendant agreed to forfeit (1) all
property the defendant obtained that constitutes or is derived, directly and
indirectly, from proceeds traceable to the bank fraud conspiracy offense charged
in Count One of the Information; and (2) all property, real or personal, involved
in the money laundering offense charged in Count Two of the Information, and
all property traceable to such property, the value of which was $852,205;

WHEREAS, in the plea agreement, the defendant further agreed to the
entry of a criminal forfeiture money judgment in the amount of $852,205 (the
“Money Judgment”); and

WHEREAS, defendant Butherde Darius:
Case 3:22-cr-00783-GC Document 26 Filed 11/23/22 Page 2 of 5 PagelD: 76

(1) Consents to the forfeiture to the United States of $852,205 as
a sum of money representing (1) the property constituting, or derived from,
proceeds the defendant obtained directly or indirectly as a result of the offense
charged in Count One of the Information, and (2) the property involved in the
money laundering offense charged in Count Two of the Information, to which the
defendant has pleaded guilty;

(2) Consents to the imposition of a money judgment in the
amount of $852,205 (the “Money Judgment”), pursuant to 18 U.S.C. §§ 982(a)(2)
and 982(a)(1);

(3) Agrees to consent promptly upon request to the entry of any
orders deemed necessary by the government or the Court to complete the
forfeiture and disposition of property forfeited to satisfy the Money Judgment;

(4) Acknowledges that one or more of the criteria set forth in 21
U.S.C. § 853(p) are met, entitling the United States to forfeit substitute assets;

(5) Waives the requirements of Federal Rules of Criminal
Procedure 32.2 and 43(a) regarding notice of forfeiture in the charging
instrument, announcement of the forfeiture in the defendant’s presence at
sentencing, and incorporation of the forfeiture in the Judgment of Conviction;

(6) Acknowledges that he understands that forfeiture of property
will be part of the sentence imposed upon him in this case and waives any failure
by the Court to advise him of this, pursuant to Federal Rule of Criminal

Procedure 11(b)(1)(J), during the plea hearing; and
Case 3:22-cr-00783-GC Document 26 Filed 11/23/22 Page 3 of 5 PagelD: 77

(7) | Waives any and all claims that this forfeiture constitutes an
excessive fine and agrees that this forfeiture does not violate the Eighth
Amendment.

Having considered the plea agreement, the record as a whole, and the
applicable law, it is hereby ORDERED, ADJUDGED, AND DECREED THAT:

1, All property, real and personal, that constitutes or is derived,
directly and indirectly, from proceeds traceable to the bank fraud conspiracy
offense charged in Count One of the Information and all property, real or
personal, involved in the money laundering offense charged in Count Two of the
Information, to which the defendant has pleaded guilty, is forfeited to the United
States, pursuant to 18 U.S.C. §§ 982(a)(2) and 982(a)(1).

Zs The defendant having agreed to the imposition of a Money Judgment
equal to the value of the proceeds he obtained, which was $852,205, the United
States is entitled to forfeit proceeds and/or substitute assets in an amount not
to exceed $852,205. A money judgment in the amount of $852,205 (the “Money
Judgment”) is hereby entered against the defendant, pursuant to 18 U.S.C.
§§ 982(a)(2) and 982(a)(1), 21 U.S.C. § 853(p), and Federal Rule of Criminal
Procedure 32.2(b).

3. All payments on the Money Judgment shall be made by postal
money order, bank or certified check, made payable, in this instance to the
United States Department of Treasury (or its designee), and delivered to the
United States Attorney’s Office, District of New Jersey, Attn: Asset Forfeiture and

Money Laundering Unit, 970 Broad Street, 7th Floor, Newark, New Jersey 07102,

ie
Case 3:22-cr-00783-GC Document 26 Filed 11/23/22 Page 4 of 5 PagelD: 78

and shall indicate the defendant’s name and case number on the face of the
check.

4. Until the defendant is sentenced, the United States Department of
Treasury (or its designee) shall deposit all payments on the Money Judgment in
its Seized Assets Deposit Account. After the defendant is sentenced and the
Judgment is entered on the docket, all payments on the Money Judgment shall
be forfeited to the United States of America as substitute assets, pursuant to 21
U.S.C. § 853(p), and shall be deposited in the Treasury Forfeiture Fund

5. Pursuant to Federal Rule of Criminal Procedure 32.2(b)(3) and 21
U.S.C. § 853(n), upon entry of this Order, and until this the Money Judgment is
fully satisfied, the United States Attorney’s Office is authorized to conduct any
discovery needed to identify, locate, or dispose of assets to satisfy the Money
Judgment, or in connection with any petitions filed pursuant to 21 U.S.C.
§ 853(n), including depositions, interrogatories, requests for production of
documents, and the issuance of subpoenas.

6. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal
Procedure, this Order of Forfeiture shall be final against defendant Butherde
Darius, shall be made part of the sentence of defendant Butherde Darius, and
shall be included in the judgment of conviction therewith.

ha The Clerk of the Court is directed to enter a Criminal Forfeiture
Money Judgment against the defendant in favor of the United States in the

amount of $852,205.
Case 3:22-cr-00783-GC Document 26 Filed 11/23/22 Page 5 of 5 PagelD: 79

8. This Court shall retain jurisdiction to enforce this Order and to

amend it as necessary.

ORDERED this‘)} day of Nevewdun , 2022.
(a. if
HON.

The undersigned hereby consent to
the form and entry of this Order:

PHILIP R. SELLINGER
United States a

AB x Sern = a Dated: U/2 [22

By:/DAVID E. DAUENHEIMER
Assistant United States Attorney

U7? 0 Ze: Dated: Wt /or
RAHUL SHARMA, ESQ.
Attorney for Defendant Butherde Darius

a _ Dated: wf Zi [en

BUTHERDE DARIUS, Defendant

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