Declaration in Support of Final Order of Forfeiture — U.S. v. Martinez (S.D.N.Y. No. 1:22-cr-00251, 2023-11-15)

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U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 92 · 2023-11-15 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
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UNITED STATES OF AMERICA 
                          -v.-     
RAFAEL MARTINEZ, 
 
 
Defendant. 
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DECLARATION IN SUPPORT 
OF FINAL ORDER OF 
FORFEITURE 
 
S2 22 Cr. 251 (LJL) 
                                                          
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Katherine Reilly, pursuant to Title 28, United State Code, Section 1746, declares 
under penalty of perjury as follows: 
1. 
I am an Assistant United States Attorney in the Office of Damian Williams, 
United States Attorney for the Southern District of New York, and attorney for the Government 
herein. I am responsible for the above-captioned matter, and as such, I am familiar with the facts 
and circumstances of this proceeding. This declaration is submitted in support of the Government’s 
submission for the entry of a Final Order of Forfeiture in the above-captioned case. 
2. 
On or about March 24, 2023, the Court entered a Preliminary Order of 
Forfeiture as to Money Judgment/Specific Property (the “Preliminary Order of Forfeiture”) (D.E. 
66) with respect to RAFAEL MARTINEZ (the “Defendant”), imposing a money judgment in the 
amount of $44,546,712.94 in United States currency against the Defendant, and forfeiting to the 
United States all right, title and interest of the Defendant in, inter alia, the following specific 
property: 
a. 
$250,273.84 formerly on deposit in JPMorgan Chase Bank, N.A. 
account number 3375794608, held in the name of Rafael Martinez, 
seized by the Government on or about March 8, 2022;   
 
Case 1:22-cr-00251-LJL     Document 92     Filed 11/15/23     Page 1 of 3

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b. 
$10,544,757.26 formerly on deposit in Carver Federal Savings Bank 
account number 110013868, held in the name of “MBE Capital 
Partners, LLC,” seized by the Government on or about March 9, 
2022; 
 
c. 
$4,560,000 formerly on deposit in Citibank, N.A. account number 
9348809151, held in the name of Rafael Martinez, seized by the 
Government on or about March 9, 2022; 
  
d. 
A White 2017 Ferrari Model 488 Spider, with VIN No. 
ZFF80AMAXH0228614, and New Jersey License Plate No. 
D7NWE; 
 
e. 
A 
Black 
2021 
BMW 
Model 
750, 
with 
VIN 
No. 
WBA7U2C04MCF02203, and New Jersey License Plate No. 
R56PBG; and 
 
f. 
 A 
2018 
Porsche 
Model 
911 
Turbo, 
with 
VIN 
No. 
WP0CD2A98JS162197, and New Jersey License Plate No. 
M38PVZ, 
 
(a. through f., collectively, the “Specific Property”). 
 
3. 
The Notice of Forfeiture and the intent of the Government to dispose of the 
Specific Property was posted on an official government internet site (www.forfeiture.gov) 
beginning on July 26, 2023, for thirty (30) consecutive days, through August 24, 2023, pursuant 
to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty and Maritime Claims and Asset 
Forfeiture Actions, and proof of such publication was filed with the Clerk of the Court. 
4. 
On or about June 15, 2023, Notice of the Preliminary Order of Forfeiture 
was sent via certified mail to the following parties:  
Chelsea Martinez 
c/o Cesar de Castro, Esq. 
111 Fulton Street, Suite 602 
New York, NY 10038 
 
Carra Wallace 
c/o Max Nicholas, Esq. 
Spears & Imes LLP 
Case 1:22-cr-00251-LJL     Document 92     Filed 11/15/23     Page 2 of 3

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767 3rd Avenue 
New York, NY 10017 
 
Louis Green 
c/o George B. Donnini, Esq. 
Butzel Attorneys and Counselors,  
201 West Big Beaver Road, Suite 1200 
Troy, MI 48084 
 
 (collectively, the “Noticed Parties”). 
5. 
Since final publication of the Notice of Forfeiture, thirty (30) days have 
expired and no petitions or claims to contest the forfeiture of the Specific Property have been filed. 
6. 
The Defendant and the Noticed Parties are the only individuals and/or 
entities known by the Government to have a potential interest in the Specific Property. 
7. 
Accordingly, the Government requests that the Court enter the proposed 
Final Order of Forfeiture. 
8. 
No previous application for the relief requested herein has been sought. 
Dated: New York, New York 
November 15, 2023 
 
 
DAMIAN WILLIAMS 
United States Attorney for the 
Southern District of New York 
 
 
By:  
___________________________ 
        
Katherine Reilly   
 
Assistant United States Attorney 
 
 
 
 
 
 
 
        
Tel: (212) 637-6521  
Case 1:22-cr-00251-LJL     Document 92     Filed 11/15/23     Page 3 of 3

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