Consent Preliminary Order of Forfeiture (Substitute Assets) — U.S. v. Martinez (S.D.N.Y. No. 1:22-cr-00251, 2023-06-09)

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U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 72-1 · 2023-06-09 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
: CONSENT PRELIMINARY ORDER
- v. - 
OF FORFEITURE AS TO
: SUBSTITUTE ASSETS
RAPHAEL MARTINEZ,
: S2 22Cr.251 (LJL)
Defendant.
x
WHEREAS, on or about March 23, 2023, RAFAEL MARTINEZ (the 
“Defendant”) was charged in a one-count superseding Information, S2 22 Cr. 251 (LJL) (the 
“Information”), with conspiracy to commit wire fraud, in violation of Title 18, United States Code, 
Section 371 (“Count One”);
WHEREAS, on or about March 23, 2023, the Defendant pled guilty to Count One 
of the Information, pursuant to a plea agreement with the Government, wherein the Defendant 
admitted the forfeiture allegations with respect to Count One of the Information and agreed to 
forfeit to the United States, a sum of money equal to $43,630,703.73 in United States currency, 
and all right, title, and interest of the Defendant in certain property (the “Specific Property”);
WHEREAS, on or about March 24, 2023, the Court entered a Preliminary Order of 
Forfeiture (the “Order of Forfeiture”), imposing a money judgment against the Defendant in the 
amount of $43,630,703.73 (the “Money Judgment”), representing the amount of proceeds 
traceable to the offense charged in Count One of the Information that the Defendant personally 
obtained and forfeiting all right, title, and interest of the Defendant in the Specific Property;
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S, to date, the entire Money Judgment entered against the Defendant
remains unpaid;
WHEREAS, as a result of acts and omissions of the Defendant, the United States 
has not been able to locate, obtain or collect assets traceable to the proceeds of the Defendant’s 
offense, despite the exercise of due diligence in investigating the assets of the Defendant;
WHEREAS, the Government has identified the following specific assets in which 
the Defendant has an ownership interest:
a) Any and all funds on deposit in Citibank Account No.: 9346614051 held 
in the name of MBE Capital Partners LLC;
(the “Substitute Asset”); and
WHEREAS, the Defendant consents to the forfeiture of all of his right, title and 
interest in the Substitute Asset.
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 Attorneys, Katherine Reilly, Micah F. Fergenson, and Steven J. Kochevar, of counsel, and 
the Defendant, and his counsel, Randall Jackson, Telemachus Kasulis, and Michael Schacter, Esq. 
that:
1. 
All of the Defendant’s right, title and interest in the Substitute Asset is hereby 
forfeited to the United States of America, for disposition in accordance with the law, subject to the 
provisions of Title 21, United States Code, Section 853(n).
2. 
Upon entry of this Consent Preliminary Order of Forfeiture of Substitute 
Assets, the United States Treasury (or its designee) is hereby authorized to take possession of the 
Substitute Asset and to keep it in its secure, custody and control.
2
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3. 
Upon entry of a Final Order of Forfeiture, the Substitute Asset shall be applied 
towards the satisfaction of the Money Judgment entered against the Defendant.
4. 
Pursuant to Title 21, United States Code, Section 853(n)(l), 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 Admiralty or Maritime Claims and Asset Forfeiture Actions, the United 
States shall publish for at least thirty (30) consecutive days on the official government internet 
forfeiture site, 
, notice of this Consent Preliminary Order of Forfeiture as to 
Substitute Asset and provide notice that any person, other than the Defendant in this case, claiming 
an interest in the Substitute Asset must file a petition within sixty (60) days from the first day of 
publication of the notice on this official government internet site, or no later than thirty-five (35) 
days from the mailing of actual notice, whichever is earlier.
www.forfeiture.gov
5. 
The notice referenced in the preceding paragraph shall state that the petition 
shall be for a hearing to adjudicate the validity of the petitioner’s alleged interest in the Substitute 
Asset, shall be signed by the petitioner under penalty of perjury, and shall set forth the nature and 
extent of the petitioner’s right, title or interest in the Substitute Asset and any additional facts 
supporting the petitioner’s claim and the relief sought, pursuant to Title 21, United States Code, 
Section 853(n).
6. 
The United States may also, to the extent practicable, provide direct written 
notice to any person, other than the defendant, known to have an alleged interest in the Substitute 
Asset, as a substitute for published notice as to those persons so notified.
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7. Upon adjudication of all third-party interests, this Court will enter a Final
Order of Forfeiture with respect to the Substitute Asset, pursuant to Title 21, United States Code, 
Section 853(n), in which all interests will be addressed.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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8. The Court shall retain jurisdiction to enforce this Consent Preliminary Order
of Forfeiture as to Substitute Assets, and to amend it as necessary, pursuant to Federal Rule of
Criminal Procedure 32.2(e).
AGREED AND CONSENTED TO:
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
By: 
 
KATHERINE REILLY
DATE
MICAH F. FERGENSON
STEVEN J. KOCHEVAR
Assistant United States Attorneys
One St. Andrew’s Plaza
New York, NY 10007
(212) 637-6521 / 2190 / (914) 993-1928
RAPHAEL MARTINEZ
By: 
 
RAPHAEL MARTINEZ 
DATE
DATE
RANDALL JACKSON, ESQ.
MICHAEL SCHACTER, ESQ.
TELEMACHUS KASULIS, ESQ.
Attorneys for Defendant
SO ORDERED:
HONORABLE LEWIS J. LIMAN 
UNITED STATES DISTRICT JUDGE
5
6-8-23
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6/9/2023
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