Order of Forfeiture (Money Judgment) and Preliminary Order of Forfeiture (Specific Property) — United States v. Mazzei (Dkt. 80, D. Haw.)

Summary

This order, filed August 28, 2024 as Dkt. 80 in Crim. No. 22-00045 JMS (D. Haw.), enters a forfeiture money judgment of $1,365,332 against Christopher A. Mazzei and Erin V. Mazzei. A four-count Indictment filed May 26, 2022 charged both with wire fraud and money laundering offenses, and both pleaded guilty to conspiring to commit wire fraud (Count 1) and conspiring to commit money laundering (Count 3). The order also forfeits the net proceeds from the sale of real property in Kapolei, Hawaii, including about $430,048.77 already deposited into the Treasury Department Seized Asset Deposit Fund, and real property in Arroyo Grande, California. Also forfeited are $45,789.99 and $538,203.61 seized from two bank accounts in May 2021 and $42,000 from the sale of a 2019 Ford Expedition. Both defendants consented to the order.

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Case 1:22-cr-00045-JMS Document 80

CLARE E. CONNORS #7936
United States Attorney
District of Hawaii

GREGG PARIS YATES #8225
Assistant U.S. Attorney

Room 6-100, PJKK Federal Building
300 Ala Moana Boulevard

Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958

Email: Gregg. Yates@usdoj.gov

Filed 08/28/24 Page 1of12 PagelD.326

_ FILED IN THE
ED STATES DISTRICT Co
DISTRICT OF HAWAI

AUG 28 2024

at o'clock and? ° min? M
Lucy H. Carrillo, Clerk ga)

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA,
Plaintiff,
vs.

CHRISTOPHER A. MAZZEI, (1)
ERIN V. MAZZEI, (2)

Defendants.

Se a ae ae a a ee

Crim. No. 22-00045 JMS

ORDER OF FORFEITURE
(MONEY JUDGMENT) AND
PRELIMINARY ORDER OF
FORFEITURE (SPECIFIC
PROPERTY)

ORDER OF FORFEITURE (MONEY JUDGMENT) AND
PRELIMINARY ORDER OF FORFEITURE (SPECIFIC PROPERTY)

WHEREAS a four-count Indictment was filed on May 26, 2022, charging

defendants Christopher A. Mazzei and Erin V. Mazzei with one count of

conspiring to commit wire fraud, in violation of 18 U.S.C. § 1349 (Count 1); one

count of wire fraud, in violation of 18 U.S.C. § 1343 (Count 2); one count of

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 2 of 12 PagelD.327

conspiring to commit money laundering, in violation of 18 U.S.C. § 1956(h)
(Count 3); and one count of money laundering, in violation of 18 U.S.C. § 1957
(Count 4), and providing notice that, upon conviction, the government would seck
forfeiture; and
WHEREAS, on or about August 28, 2024, defendants Christopher A. /\ >
Mazzei and Erin V. Mazzei Gebers of guilty to Counts 1 and 3 of the | (
Indictment, which charge each of them with conspiring to commit wire fraud
(Count 1) and conspiring to commit money laundering (Count 3); and
WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461, a
person convicted of a conspiracy to violate 18 U.S.C. § 1343, which is an offense
constituting specified unlawful activity as defined in 18 U.S.C. § 1956(c)(7), shall
forfeit to the United States any property, real or personal, which constitutes or is
derived from proceeds traceable to that offense; and
WHEREAS, pursuant to 18 U.S.C. § 982(a)(1), a person convicted ofa
conspiracy to violate 18 U.S.C. § 1957 shall forfeit to the United States any
property, real or personal, involved in that offense, and any property traceable to
such property; and
WHEREAS the United States seeks the entry of a forfeiture money
judgment in the amount of $1,365,332 in United States currency (the “Forfeiture

Money Judgment”) and the forfeiture of all of defendant Christopher A. Mazzei’s

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 3 of 12 PagelD.328

and defendant Erin V. Mazzei’s right, title, and interest in the following property

(the “Specific Forfeitable Property”):

i.

li.

iii.

iv.

the net proceeds from the sale of the real property located at 92-
0143 Koio Drive, Unit M4-3 in Kapolei, Hawaii; designated as
TMK (1) 9-1-056-005-0081, together with all appurtenances
and improvements, including the approximately $430,048.77
which has already been deposited into the Treasury Department
Seized Asset Deposit Fund, and any amount of the Hawaii Real
Property Tax Act (HARPTA) withholding amount
($91,712.50), which the State of Hawaii determines is an
overage as to the seller's actual tax liability;

the real property located at 1769 Oak Hill Road, in Arroyo
Grande, California, and designated as Tax ID 044-332-0120,
together with all appurtenances and improvements (the
"California Property"), and any proceeds from the sale of the
California Property;

$45,789.99 seized on or about May 24, 2021 from Bank 8
account ending in 8974;

$538,203.61 seized on or about May 25, 2021 from Bank 7
account ending in 7416; and

$42,000 seized on or about May 26, 2021 from P.F., a car
dealership in San Luis Obispo, California, which represents
proceeds of the sale of a 2019 Ford Expedition registered to
Erin V. Mazzei; and

WHEREAS, in each plea agreement, defendant Christopher A. Mazzei and

Erin V. Mazzei consented to the entry of the Forfeiture Money Judgment and the

forfeiture of all of his/her right, title, and interest in the Specific Forfeitable

Property; and

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 4 of 12 PagelD.329

WHEREAS the Court has considered the defendants’ pleas of guilty, other
evidence already in the record, and any additional evidence and information
submitted by the parties; and

WHEREAS the Specific Forfeitable Property and the value of the Forfeiture
Money Judgment are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and
28 U.S.C. § 2461 as property, real or personal, which constitutes or is derived from
proceeds traceable to the offense to which defendants Christopher A. Mazzei and
Erin V. Mazzei have pled guilty, and the Court so finds; and

WHEREAS the Specific Forfeitable Property and the value of the Forfeiture
Money Judgment are subject to forfeiture pursuant to 18 U.S.C. § 982(a)(1) as
property, real or personal, involved in the offense to which defendants Christopher
A. Mazzei and Erin V. Mazzei have pled guilty, and property traceable to such
property, and the Court so finds; and

WHEREAS the United States is now entitled to a forfeiture money judgment
in the amount of $1,365,332 pursuant to 18 U.S.C. § 982(a)(1), 18 U.S.C.

§ 981(a)(1)(C) and 28 U.S.C. § 2461; and

WHEREAS, pursuant to the Indictment and 21 U.S.C. § 853(p), as

incorporated by 28 U.S.C. § 2461 and by 18 U.S.C. § 982(b)(L), it is the intent of

the United States to seek forfeiture of any other property of the defendant up to the

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 5of12 PagelD.330

value of the property subject to forfeiture if, as a result of any act or omission of

the defendant, any property subject to forfeiture:

(A)
(B)
(C)
(D)
(E)

cannot be located upon the exercise of due diligence;

has been transferred or sold to, or deposited with, a third party;
has been placed beyond the jurisdiction of the court;

has been substantially diminished in value; or

has been commingled with other property which cannot be
divided without difficulty; 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; and

WHEREAS defendants Christopher A. Mazzei and Erin V. Mazzei:

(1)

(2)

(3)

(4)

(5)

Acknowledge that $1,365,332 and the Specific Forfeitable
Property are subject to forfeiture as described above; and

Consent to the imposition of a forfeiture money judgment in the
amount of $1,365,332 pursuant to 18 U.S.C. § 982(a)(1), 18
U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461; and

Waive and abandon all right, title, and interest in the Specific
Forfeitable Property; and

Waive, release, and withdraw any claim that they may have
made with respect to the Specific Forfeitable Property and
waive and release any claim that they might otherwise have
made to it in the future; and

Agree 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 the Specific

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 6of12 PagelD.331

(6)

(7)

(8)

(9)

(10)

Forfeitable Property and property to satisfy the forfeiture
money judgment; and

Agree that this Order is final at the time of its entry by the
Court pursuant to Rule 32.2(b)(4)(A) of the Federal Rules of
Criminal Procedure; and

Waive the requirements of Rules 32.2 and 43(a) of the Federal
Rules of Criminal Procedure 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; and

Acknowledge that he/she understands that forfeiture will be part
of the sentence imposed upon him/her in this case and waive
any failure by the Court to advise him/her of this, pursuant to
Federal Rule of Criminal Procedure 11(b)(1)(J), during the plea
hearing; and

Waive, and agree to hold the United States and its agents and
employees harmless from, any and all claims whatsoever in
connection with the seizure, forfeiture, and disposal of the
property described above; and

Waive all constitutional and statutory challenges of any kind to
any forfeiture carried out pursuant to this Order; and

WHEREAS good and sufficient cause has been shown,

It is hereby ORDERED, ADJUDGED, AND DECREED:

THAT, pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal

Procedure, this Order shall become final as to defendants Christopher A. Mazzei

and Erin V. Mazzei, on the date it is entered by the Court, and it shall be made part

of the sentence of defendants Christopher A. Mazzei and Erin V. Mazzei, and shall

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 7 of 12 PagelD.332

be included in the judgment of conviction of defendants Christopher A. Mazzei
and Erin V. Mazzei; and
Money Judgment

THAT, pursuant to 18 U.S.C. § 982(a)(1), 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461, defendants Christopher A. Mazzei and Erin V. Mazzei shall forfeit
to the United States the sum of $1,365,332; and

THAT a money judgment in the amount of $1,365,332 (the “Forfeiture
Money Judgment”) is hereby entered against the defendants pursuant to 18 U.S.C.
§ 982(a)(1), 18 U.S.C. § 981(a)(1)(C) & 28 U.S.C. § 2461 and Rule 32.2(b) of the
Federal Rules of Criminal Procedure; and

THAT all payments on the Forfeiture Money Judgment shall be made by
postal money order, bank check, or certified check made payable to the U.S.
Department of the Treasury and delivered to the United States Attorney’s Office,
District of Hawaii, Attn: Asset Forfeiture Coordinator, PIKK Federal Building,
300 Ala Moana Boulevard, Suite #6-100, Honolulu, Hawaii 96850, with either or
both of the defendants’ name and criminal docket number noted on the face of the
check; and

THAT upon execution of this Order, and pursuant to 21 U.S.C. § 853(p), as
incorporated by 18 U.S.C. § 982(b)(1) and 28 U.S.C. § 2461, the U.S. Department

of the Treasury shall be authorized to deposit the payments on the Forfeiture

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 8 of 12 PagelD.333

Money Judgment into the Treasury Forfeiture Fund, and the United States shall
have clear title to such forfeited property; and

THAT, pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal
Procedure, upon entry of this Order, 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 issuance of subpoenas; and

THAT the United States may move at any time pursuant to Rule 32.2(e) of
the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(p) to amend this
Order to include substitute property having a value not to exceed $1,365,332 in
United States currency to satisfy the Forfeiture Money Judgment in whole or in
part; and

THAT, if this Order is amended to include such substitute property, the
United States is authorized to seize that property pursuant to 21 U.S.C. § 853(g)
and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure; and

THAT the value of any substitute assets, including any forfeited money and
the net proceeds derived from the sale of any forfeited property, will be applied to
the Forfeiture Money Judgment until the Forfeiture Money Judgment is satisfied in

full; and

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 9 of12 PagelD.334

Specific Property

THAT, pursuant to 18 U.S.C. § 982(a)(1), 18 U.S.C. § 981(a)(1)(C) and 28

U.S.C. § 2461, any and all interests of defendants Christopher A. Mazzei and Erin

V. Mazzei, in the Specific Forfeitable Property, specifically:

i.

il.

iit.

iv.

the net proceeds from the sale of the real property located at 92-
0143 Koio Drive, unit M4-3 in Kapolei, Hawaii; designated as
TMK (1) 9+1-056-005-0081, together with all appurtenances
and improvements, including the approximately $430,048.77
which has already been deposited into the Treasury Department
Seized Asset Deposit Fund, and any amount of the Hawaii Real
Property Tax Act (HARPTA) withholding amount
($91,712.50), which the State of Hawaii determines is an
overage as to the seller's actual tax liability;

the real property located at 1769 Oak Hill Road, in Arroyo
Grande, California, and designated as Tax ID 044-332-0120,
together with all appurtenances and improvements (the
"California Property"), and any proceeds from the sale of the
California Property;

$45,789.99 seized on or about May 24, 2021 from Bank 8
account ending in 8974;

$538,203.61 seized on or about May 25, 2021 from Bank 7
account ending in 7416; and

$42,000 seized on or about May 26, 2021 from P.F., a car
dealership in San Luis Obispo, California, which represents
proceeds of the sale of a 2019 Ford Expedition registered to
Erin V. Mazzei,

are hereby forfeited to the United States of America; and

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 10 of 12 PagelD.335

THAT the Specific Forfeitable Property shall be held by the appropriate
United States agency in its secure custody and control until the appropriate
disposition of the Specific Forfeitable Property; and

THAT, pursuant to 21 U.S.C. § 853(n)(1), as incorporated by 18 U.S.C.

§ 982(b)(1) and 28 U.S.C. § 2461, the United States shall publish notice of this
Order, and of its intent to dispose of the Specific Forfeitable Property in such a
manner as the Attorney General may direct, including posting notice on the official
internet government forfeiture site, namely www.forfeiture.gov, for at least 30
consecutive days; and

THAT the United States may also, to the extent practicable, provide written
notice to any person known to have an alleged interest in the Specific Forfeitable
Property as a substitute for published notice as to those persons so notified; and

THAT, pursuant to 21 U.S.C. § 853(n), any person, other than the above-
named defendants, asserting a legal interest in the Specific Forfeitable Property
may, within 30 days of the final publication of notice or receipt of notice,
whichever is earlier, petition the Court for a hearing without a jury to adjudicate
the validity of his or her alleged interest in the Specific Forfeitable Property; and

THAT, pursuant to 21 U.S.C. § 853(n)(3), any petition filed by a third party
asserting an interest in the Specific Forfeitable Property shall be signed by the

petitioner under penalty of perjury and shall set forth the nature and extent of the

10

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 11o0f12 PagelD.336

petitioner’s right, title, or interest in the Specific Forfeitable Property, the time and
circumstances of the petitioner’s acquisition of the right, title, or interest in the
Specific Forfeitable Property, any additional facts supporting the petitioner's claim,
and the relief sought; and

THAT if no third party files a timely claim, this Order shall become the
Final Order of Forfeiture as to the Specific Forfeitable Property, as provided by
Fed. R. Crim. P. 32.2(c)(2); or, upon adjudication of all third-party interests, this
Court will enter a Final Order of Forfeiture for the Specific Forfeitable Property
pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed; and

THAT if the forfeiture of the Specific Forfeitable Property, or any portion of
it, becomes final, defendants Christopher A. Mazzei and Erin V. Mazzei will be
entitled to a credit against the amount remaining due on the Forfeiture Money
Judgment in the net amount of the Specific Forfeitable Property that is forfeited;
and

THAT this Court shall retain jurisdiction to enforce this Order, and to amend
it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal
Procedure.

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

CLARE E. CONNORS :
United States Attorney

1]

Case 1:22-cr-00045-JMS Document 80 Filed 08/28/24 Page 12 of 12 PagelD.337

sd, 04> pated: _6/ 28 / , 2024

GREGG PARIS YATES
a hent United States Attorney

Dated: ZF BE: af 2024

DAN L. COGDELL, ESQ.
DORIS LUM, ESQ.
Attorneys for Defendant Christopher A. Mazzei

ated: 9A Zz Ef 2024

CHRISTOPHER A. MAZZEI

Defend Wat)
_Dated: Burst 22 , 2024

. SCHUM, ESQ.
fney for Defendant Erin V. Mazzei

Lh. Madzare4 Dated: 3/ oS [ , 2024
ERIN V. MAZZEI ' ‘

Defendant

At, J | fH

HONORABLE J. dt ” SEABRIGHT
United States District Judge

USA v. Christopher A. Mazzei, et al.; Criminal No. 22-00045 JMS; “Order of
Forfeiture (Money Judgment) and Preliminary Order of Forfeiture (Specific

Property)”

12

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