Consent Judgment and Order of Forfeiture — United States v. Hawkins

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A Consent Judgment and Order of Forfeiture (Money Judgment) in United States of America v. Tommy Hawkins, No. 1:24-cr-00358-KMW, in the U.S. District Court for the District of New Jersey, dated 5/28/24 and filed May 28, 2024 as Document 9, with the signature block of Hon. Karen M. Williams, U.S.D.J. It recites that the defendant pleaded guilty under a plea agreement to a one-count Information charging bank fraud conspiracy in violation of 18 U.S.C. § 1349 and consented to a money judgment of $25,000 under 18 U.S.C. § 982(a)(2)(A). The order forfeits the offense proceeds, enters a $25,000 money judgment, allows substitute assets under 21 U.S.C. § 853(p), and makes the forfeiture part of the sentence. Consent signatures appear for Assistant U.S. Attorneys Daniel A. Friedman and Jason M. Richardson, the defense attorney and the defendant.

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Case 1:24-cr-00358-KMW Document9 Filed 05/28/24 Page 1 of 5 PagelD: 36

2024R00193/DAF/JMR/SD/jw

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon, Karen M. Williams, U.S.D.J.
Vv. : Crim. No. 24-
TOMMY HAWKINS, : CONSENT JUDGMENT
AND ORDER OF FORFEITURE
Defendant. : (MONEY JUDGMENT)

WHEREAS, on or about May 2S, ZOL { pursuant to a plea
agreement with the United States, defendant Tommy Hawkins pleaded guilty to
a one-count Information charging him with bank fraud conspiracy, contrary to
18 U.S.C, § 1344, in violation of 18 U.S.C. § 1349 (Count One);

WHEREAS, in the plea agreement, the defendant agreed to forfeit,
pursuant to 18 U.S.C. § 982(a)(2)(A), any property, real or personal, constituting
or derived from proceeds the defendant obtained directly and indirectly as a
result of the commission of the offense charged in Count One of the Information;

WHEREAS, defendant Tommy Hawkins:

(1) Consents to the entry of a money judgment in the amount of
$25,000 (the “Money Judgment”), pursuant to 18 U.S.C. § 982(a)(2)(A};

(2) 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;

{3} Acknowledged that one or more of the conditions set forth in

21U.58.C. § 853(p) exists, and that the United States is therefore entitled to forfeit

Case 1:24-cr-00358-KMW Document9 _ Filed 05/28/24 Page 2 of 5 PagelD: 37

substitute assets in an amount not to exceed the amount of the Money
Judgment;

(4) 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;

(5) 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

(6) 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 or personal, constituting or derived from proceeds
the defendant obtained directly and indirectly as a result of the commission of
the offense charged in Count One the Information, to which the defendant has
pleaded guilty, is forfeited to the United States, pursuant to 18 U.S.C.
§ 982(a)(2)(A).

2. The defendant having acknowledged that one or more of the
conditions set forth in 21 U.S.C. § 853(p) exists, the United States is entitled to

forfeit proceeds and/or substitute assets equal to the value of the proceeds
-2-
Case 1:24-cr-00358-KMW Document9 Filed 05/28/24 Page 3 of 5 PagelD: 38

obtained by the defendant, which was $25,000. A money judgment in the
amount of $25,000 (the “Money Judgment”) is hereby entered against the
defendant, pursuant to 18 U.S.C. § 982(a)(2}{A), 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 {i) electronic
funds transfer, as directed by the United States Attorney’s Office; or (ii) postal
money order, bank or certified check, made payable, in this instance to the
United States Marshals Service, 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, 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 Marshals Service
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 Assets 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 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.

Case 1:24-cr-00358-KMW Document9 Filed 05/28/24 Page 4 of 5 PagelD: 39

§ 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 the defendant, shali be
made a part of the sentence of the defendant, and shall be included in the
judgment of conviction therewith.

7. 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 $25,000.

8, This Court shall retain jurisdiction to enforce this Order and to
amend it as necessary.

Dated: 5/28/24

oan
Nees
HON. KAREN M. WILLIAMS, U.S.D.J.

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

PHILIP R. SELLINGER
United States Attorney

Ql bL

By: DANIEL A. FRIEDMAN
JASON M, RICHARDSON
Assistant U.S. Attorneys

Dated: March 13, 2024

Case 1:24-cr-00358-KMW Document9 Filed 05/28/24 Page 5 of 5 PagelD: 40

LL Dated: s/93 [af

SHAKA JOHNSOR, ESQ.
Attorney for Defendant Tommy Hawkins

Dated: t [v3 Jo

TOMMY HAWKINS, Defendant

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