Consent Preliminary Order of Forfeiture / Money Judgment — United States v. Chanette Lewis (2d Cir.)

Record facts

U.S. District Court, Southern District of New York · No. 1:21-cr-00729-LAK · Doc. 63 · 2022-12-21 · Docket on CourtListener

Full text

Case 1:21-cr-00729-LAK Document 63 Filed 12/21/22 Page 1of4

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT DATE FILED: /2-2 /-2
SOUTHERN DISTRICT OF NEW YORK
ee ed >.<
UNITED STATES OF AMERICA,
: CONSENT PRELIMINARY ORDER
-Ve- OF FORFEITURE/
: MONEY JUDGMENT
CHANETTE LEWIS, vt)
a/k/a “Netty Hott,” : $2.21 Cr. 729 (LAK)
Defendant. :
ee rer ear rere ae od
WHEREAS, on or about , 2022, CHANETTE LEWIS, a/k/a

“Netty Hott” (the “Defendant”), was charged in a two-count superseding information, $2 21 Cr.
729 (LAK) (the “Information”), with two counts of conspiracy to commit wire fraud, in violation
of Title 18, United States Code, Section 371 (Counts One and Two);

WHEREAS, the Information included a forfeiture allegation as to Counts One and
Two of the Information, seeking forfeiture to the United States, pursuant to Title 18, United States
Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), of any property,
real or personal, that constitutes or is derived from proceeds traceable to the commission of the
offenses charged in Counts One and Two of the Information, including but not limited to a sum of

money in United States currency, representing the amount of proceeds traceable to the commission
of the offenses charged in Counts One and Two of the Information;

WHEREAS, on or about , 2022, the Defendant pled guilty to

Counts One and Two of the Information, pursuant to a plea agreement with the Government,
wherein the Defendant admitted the forfeiture allegation with respect to Counts One and Two of
the Information and agreed to forfeit to the United States, pursuant to Title 18, United States Code,

Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), a sum of money equal to

Case 1:21-cr-00729-LAK Document 63 Filed 12/21/22 Page 2 of 4

$289,536 in United States currency, representing the proceeds traceable to the commission of the
offenses charged in Counts One and Two of the Information;

WHEREAS, the Defendant consents to the entry of a money judgment in the
amount of $289,536 in United States currency, representing the amount of proceeds traceable to
the offenses charged in Counts One and Two of the Information that the Defendant personally
obtained; and

WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the
Defendant, the proceeds traceable to the offenses charged in Counts One and Two of the
Information that the Defendant personally obtained cannot be located upon the exercise of due
diligence.

IT 1S HEREBY STIPULATED AND AGREED, by and between the United States
of America, by its attorney Damian Williams, United States Attorney, Assistant United States
Attorney Michael D. Neff, and the Defendant and her counsel, Mark Gombiner, Esq., that:

1. As a result of the offenses charged in Counts One and Two of the
Information, to which the Defendant pled guilty, a money judgment in the amount of $289,536 in

United States currency (the “Money Judgment”), representing the amount of proceeds traceable to

the offenses charged in Counts One and Two of the Information that the Defendant personally

obtained, shall be entered against the Defendant.

2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant
CHANETTE LEWIS, and shall be deemed part of the sentence of the Defendant, and shall be

included in the judgment of conviction therewith.
Case 1:21-cr-00729-LAK Document 63 Filed 12/21/22 Page 3 of 4

3. All payments on the outstanding money judgment shall be made by postal
money order, bank or certified clieck, made payable, in this instance, to the United States Marshals
Service, and delivered by mail to the United States Attorney’s Office, Southern District of New
York, Attn: Money Laundering and Transnational Criminal Enterprises Unit, One St. Andrew’s
Plaza, New York, New York 10007 and shall indicate the Defendant’s name and case number.

4, The United States Marshals Service is authorized to deposit the payments
on the Money Judgment into the Assets Forfeiture Fund, and the United States shall have clear

title to such forfeited property.

5. Pursuant to Title 21, United States Code, Section 853(p), the United States
is authorized to seek forfeiture of substitute assets of the Defendant up to the uncollected amount

of the Money Judgment.

6. Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, 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 the issuance of subpoenas.
7. The Court shall retain jurisdiction to enforce this Consent Preliminary Order

of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal

Rules of Criminal Procedure.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Case 1:21-cr-00729-LAK Document 63 Filed 12/21/22 Page 4of4

8. The signature page of this Consent Preliminary Order of Forfeiture/Money
Judgment may be executed in one or more counterparts, each of which will be deemed an original
but all of which together will constitute one and the same instrument.
AGREED AND CONSENTED TO:

DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York

By: / (Miebd 5 Ane 11/23/2022
Michael D.Neff 4” DATE
Assistant United States Attorney
U.S. Attorney’s Office, SDNY
1 St. Andrew’s Plaza
New York, NY 10007
(212) 637-2107

CHANETTE LEWIS
SLID
mw: Cute SELBY
CHANETTE LEWIS DATE
1 A [1/2 I~
By: °
MARK GOMBINER, ESQ. DATE

Attorney for Defendant

Federal Defenders of New York
52 Duane Street

New York, NY 10007

SO ORDERED:

hos) 22

THE HONORABLE LEWIS A. KAPLAN DATE
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK

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