Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment — United States v. Frazier (Dkt. 17, S.D.N.Y.)

Summary

A consent preliminary order of forfeiture as to specific property and a money judgment in United States v. Marcus Frazier, Case 1:21-cr-00649-AJN, in the U.S. District Court for the Southern District of New York, filed October 25, 2021 as Document 17. It recites that Frazier was charged in an Information with two counts of wire fraud and pled guilty to both on or about October 20, 2021 under a plea agreement. Under its terms a money judgment of $1,429,812.16 is entered against Frazier, and $853,138.89 and $1,143.40 formerly on deposit in two HSBC Bank accounts, seized on or about April 26, 2021, are forfeited. It sets out notice by publication and a sixty (60) day period for third-party petitions. It closes with signature lines for the government, Frazier and defense counsel Andrew Dalack and a SO ORDERED line for United States District Judge Alison J. Nathan.

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Case 1:21-cr-00649-AJN Document 17 Filed 10/25/21 Page 1 of 6

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

w~wewreererer ee eee eee we ee ee ee eee ew eee xX
UNITED STATES OF AMERICA
— ar PORPRITURE re TO SPECIFIC
. + PROPERTY/ - ,
MARCUS FRAZIER, MONEY JUDGMENT
Defendant. 21 Cr. (AJN)
sess eemeeeewwseweeeeeeeew ees ere wereeeereeeeew ew xX

WHEREAS, on or about October 20, 2021, MARCUS FRAZIER (the
“Defendant”), was charged in the Information captioned above (the “Information”), with wire
fraud, in violation of Title 18, United States Code, Sections 1343 and 2 (Count One); and wire
fraud, in violation of Title 18, United States Code, Section 1343 and 2 (Count 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 982(a)(2)(A), any and all property constituting, or derived from, proceeds obtained
directly or indirectly, as a result of 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 October 20, 2021, 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 le 18: nee States Code,

. 772.16 "As? | MF
Section 982(a)(2)(A): (i) a sum of money equal to $1,429,846 in United States currency,

representing proceeds traceable to the commission of the offenses charged in Counts One and Two


Case 1:21-cr-00649-AJN Document 17 Filed 10/25/21 Page 2 of 6

»f the Information; and (ii) all right, title and interest in the following property seized by the
Government on or about April 26, 2021: (a) $853,138.89 in United States currency formerly on
deposit in HSBC Bank Account No.: 005014239 held in the name Marcus James Frazier; and (b)
| $1,143.40 in United States currency formerly on deposit in HSBC Bank Account No.: 005014212
held in the name of Marcus James Frazier (collectively, the “Specific Property”), representing
proceeds, which the Defendant personally obtained, of the offenses charged in Counts One and
Two of the Information; and

WHEREAS, the Defendant consents to the entry of a money judgment in the
amount of $1,429,812.16 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; .

WHEREAS, the Defendant further consents to the forfeiture of all his right, title
and interest in the Specific Property representing proceeds of the offenses charged in Counts One
and Two of the Information; 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 nef Two of the
Information that the Defendant personally obtained cannot be located upon the exercise of due
diligence, with the exception of the Specific Property; and

WHEREAS, pursuant to Title 21, United States Code, Section 853(g), and Rules
32.2(b)(3), and 32.2(b)(6) of the Federal Rules of Criminal Procedure, the Government is now
entitled, pending any assertion of third-party claims, to reduce the Specific Property to its

possession and to notify any and all persons who reasonably appear to be a potential claimant of

their interest herein;


Case 1:21-cr-00649-AJN Document 17 Filed 10/25/21 Page 3 of 6

IT IS HEREBY STIPULATED AND AGREED, by and between the United States
of America, by its attorney Damian Williams, United States Attorney, Assistant United States
Attorney, Katherine C. Reilly of counsel, and the Defendant, and his counsel, Andrew Dalack,
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
$1,429,812.16 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. As a result of the offenses charged in Counts One and Two of the
Information, to which the Defendant pled guilty, all of the Defendant’s right, title and interest in
the Specific Property is hereby forfeited to the United States for disposition in accordance with the
law, subject to the provisions of Title 21, United States Code, Section 853.

3, Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment is final as to the
Defendant, MARCUS FRAZIER, and shall be deemed part of the sentence of the Defendant, and
shall be included in the judgment of conviction therewith.

4, All payments on the outstanding Money Judgment shall be made by postal
money order, bank or certified check, made payable 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.


Case 1:21-cr-00649-AJN Document 17 Filed 10/25/21 Page 4 of 6

5. The United States Marshals Service is authorized to deposit the payments
on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title
to such forfeited property.

6. Upon entry of this Consent Preliminary Order of Forfeiture as to Specific
Property/Money Judgment, the United States (or its designee) is hereby suithepioel to take
possession of the Specific Property and to hold such property in its secure custody and control.

* Pursuant to Title 21, United States Code, Section 853(n)(1), Rule 32.2(b)(6)
of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(5)(a)(ii) of the
Supplemental Rules for Certain Admiralty and Maritime Claims and Asset Forfeiture Actions, the
United States is permitted to publish forfeiture notices on the government internet site,
www.forfeiture.gov. This site incorporates the forfeiture notices that have been traditionally
published in ceieatee. The United States forthwith shall publish the internet ad for at least thirty
(30) consecutive days. Any person, other than the Defendant, claiming interest in the Specific
Property must file a Petition within sixty (60) days from the first day of publication of the Notice
on this official government internet web site, or no later than thirty-five (35) days from the mailing
of actual notice, whichever is earlier.

8. The published notice of forfeiture shall state that the petition (i) shall be for
a hearing to adjudicate the validity of the petitioner’s alleged interest in the Specific Property, (11)
shall be signed by the petitioner under penalty of perjury, and (111) shall set forth the nature and
extent of the petitioner’s right, title or interest in the Specific Property, the time and circumstances
of the petitioner’s acquisition of the right, title and interest in the Specific Property, any additional

facts supporting the petitioner’s claim, and the relief sought, pursuant to Title 21, United States

Code, Section 853(n).


Case 1:21-cr-00649-AJN Document 17 Filed 10/25/21 Page 5 of 6

9. Pursuant to 32.2 (b)(6)(A) of the Federal Rules of Criminal Procedure, the
Government shall send notice to any person who reasonably appears to be a potential claimant
with standing to contest the forfeiture in the ancillary proceeding.

10. Upon adjudication of all third-party interests, this Court will enter a Final
Order of Forfeiture with respect to the Specific Property pursuant to Title 21, United States Code,
Section 853(n), in which all interests will be addressed. All Specific Property forfeited to the
United States under a Final Order of Forfeiture shall be applied towards the satisfaction of the
Money Judgment.

11. 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. °

12. 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.

13. | The Court shall retain jurisdiction to enforce this Consent Preliminary Order

of Forfeiture as to Specific Property/Money Judgment, and to amend it as necessary, pursuant to

Rule 32.2 of the Federal Rules of Criminal Procedure.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]


Case 1:21-cr-00649-AJN Document17 Filed 10/25/21 Page 6 of 6

14. The signature page of this Consent Preliminary Order of Forfeiture as to
Specific Property/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: — /s~Q5- 29
Katherine C. Reilly DATE
Assistant United States Attorney
One St. Andrew’s Plaza
New York, NY 10007

(212) 637-6521

MARCUS FRAZIER

By: MN ores Leg J0-25-2l
MARCUS FRAZIER DATE

By: Pb QDI A fol251 2
Andrew DalAck, ESQ. DATE

Attorney for Marcus Frazier
Federal Defenders of New York
52 Duane Street, 10th Floor
New York, New York 10007
Andrew_dalack@fd.org

SO ORDERED:
Cc
oh h\ se ofaslrom
HSNORABLE ALISON J. NATHAN DATE

UNITED STATES DISTRICT JUDGE

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