Declaration in Support of Final Order of Forfeiture (Substitute Assets) — U.S. v. Martinez (S.D.N.Y. No. 1:22-cr-00251, 2023-12-22)

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A Declaration in Support of Final Order of Forfeiture as to Substitute Assets, dated December 22, 2023 and filed as Document 95 in United States of America v. Rafael Martinez, S2 22 Cr. 251 (LJL), in the U.S. District Court for the Southern District of New York, by Assistant United States Attorney Katherine Reilly. The declaration recounts that a Preliminary Order of Forfeiture as to Substitute Assets was entered on or about June 9, 2023 for funds on deposit in an account in the name of MBE Capital Partners LLC, and that the government seized $4,027,156.37 on or about August 24, 2023. It states that the Federal Reserve Bank of San Francisco claimed $2,197,050.48, leaving $1,830,105.89 as the Forfeitable Funds, and that no petitions or claims were filed. The government requests that the court enter the proposed Final Order of Forfeiture.

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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 AS TO 
SUBSTITUTE ASSETS 
 
  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 United States Attorney’s 
Office for the Southern District of New York, and an 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 June 9, 2023, the Court entered a Preliminary Order of 
Forfeiture as to Substitute Assets (the “Substitute Asset Order”) (D.E. 73) with respect to RAFAEL 
MARTINEZ (the “Defendant”), which ordered the forfeiture to the United States of all right, title 
and interest in the following property: any and all funds on deposit in Citibank Account No.: 
9346614051 held in the name of MBE Capital Partners LLC (the “Substitute Asset”); 
3. 
The Notice of Forfeiture and the intent of the Government to dispose of the 
Substitute Asset was posted on an official government internet site (www.forfeiture.gov) 
beginning on June 13, 2023, for thirty (30) consecutive days, through July 12, 2023, pursuant to 
Case 1:22-cr-00251-LJL     Document 95     Filed 12/22/23     Page 1 of 3

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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 electronic mail to the Federal Reserve Bank of San Francisco (the “FRB-SF”). 
5. 
On or about November 2, 2023, Notice of the Preliminary Order of 
Forfeiture was sent via certified mail to Carra Wallace, Chelsea Martinez, Louis Green, MBE 
Capital Partners, LLC, and the U.S. Small Business Administration (with the FRB-SF, the 
“Noticed Parties”). 
6. 
On or about August 24, 2023, the Government seized $4,027,156.37 on 
deposit in the Subject Account (the “Seized Funds”). 
7. 
Thereafter, the FRB-SF advised the Government of its ownership interest 
in $2,197,050.48 of the Seized Funds (the “FRB-SF Funds”). 
8. 
On or about September 25, 2023, the Court entered a Stipulation and 
Order resolving the respective interests of the Government and the FRB-SF in the Specific 
Property (Dkt. 88) wherein the Government agreed to return the FRB-SF Funds to FRB-SF and 
FRB-SF agreed to withdraw any claim of interest in the remaining $1,830,105.89 of the Seized 
Funds (the “Forfeitable Funds”). 
9. 
Since final publication of the Notice of Forfeiture, thirty (30) days have 
expired and no petitions or claims to contest the forfeiture of the Substitute Asset have been filed. 
10. 
The Defendant and the Noticed Parties are the only individuals and/or 
entities known by the Government to have a potential interest in the Substitute Asset. 
Case 1:22-cr-00251-LJL     Document 95     Filed 12/22/23     Page 2 of 3

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11. 
Accordingly, the Government requests that the Court enter the proposed 
Final Order of Forfeiture forfeiting all right, title and interest in the Forfeitable Funds to the 
Government. 
No previous application for the relief requested herein has been sought. 
Dated: New York, New York 
December 22, 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 95     Filed 12/22/23     Page 3 of 3

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