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Home Court filings U.S. v. David Epstein Preliminary Order of Forfeiture — United States v. David Epstein

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Preliminary Order of Forfeiture — United States v. David Epstein

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A Preliminary Order of Forfeiture signed March 25, 2025 by United States District Judge Richard D. Bennett in United States v. David Epstein, Criminal No. RDB-23-210, in the U.S. District Court for the District of Maryland, entered as Document 36. The order recites a June 14, 2023 indictment charging wire fraud under 18 U.S.C. § 1343 in Counts One to Five and money laundering under 18 U.S.C. § 1957 in Counts Six to Eight, that the defendant pled guilty on October 8, 2024 to Count Three, and that he agreed to a money judgment of at least $1,307,170.00. It grants the government's motion and enters a forfeiture money judgment of $1,307,170.00, with the defendant personally liable until it is satisfied. The order authorizes discovery under Rule 32.2(b)(3) and 21 U.S.C. § 853(m) and provides that it becomes final at sentencing.

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      Case
       Case1:23-cr-00210-RDB
            1:23-cr-00210-RDB Document
                               Document 36
                                       35-1 Filed
                                             Filed03/25/25
                                                   03/25/25 Page
                                                             Page11ofof33



                      IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA                      *
                                              *
       v.                                     *    CRIMINAL NO. RDB-23-210
                                              *
DAVID EPSTEIN,                                *
                                              *
               Defendant                      *
                                              *
                                           *******

                        PRELIMINARY ORDER OF FORFEITURE

       WHEREAS, on June 14, 2023, a federal grand jury sitting in the District of Maryland

returned an Indictment, charging David Epstein (the “Defendant”) with Wire Fraud, in violation

of 18 U.S.C. § 1343 (Counts One to Five), and Money Laundering, in violation of 18 U.S.C.

§ 1957 (Counts Six to Eight);

       WHEREAS, the Indictment also included a forfeiture allegation, pursuant to 18 U.S.C.

§§ 981(a)(1)(C) and 982, and 28 U.S.C. § 2461 (c), 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 to Eight of the Indictment;

       WHEREAS, on October 8, 2024, the Defendant pled guilty to the offense alleged in

Count Three 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

$1,307,170.00 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. §§ 981(a)(1)(C) and 982, and 28 U.S.C. § 2461 (c),

21 U.S.C. § 853(p), and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United
      Case
       Case1:23-cr-00210-RDB
            1:23-cr-00210-RDB Document
                               Document 36
                                       35-1 Filed
                                             Filed03/25/25
                                                   03/25/25 Page
                                                             Page22ofof33



States is now entitled to a Preliminary Order of Forfeiture imposing a money judgment in the

amount of $1,307,170.00 in U.S. currency against the Defendant;

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

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

       2.      Pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982, and 28 U.S.C. § 2461 (c), 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 $1,307,170.00 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




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      Case
       Case1:23-cr-00210-RDB
            1:23-cr-00210-RDB Document
                               Document 36
                                       35-1 Filed
                                             Filed03/25/25
                                                   03/25/25 Page
                                                             Page33ofof33



sentencing, will be part of the Defendant’s criminal sentence, and will be included in the

criminal judgment entered by this Court against him.

       7.      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

property when identified.
                    25th
SO ORDERED this _____________           March
                              day of _______________, 2025.


                                                           /s/
                                                       The Honorable Richard D. Bennett
                                                       United States District Judge




                                                  3


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