Court filing
Declaration in Support of Second Final Order of Forfeiture — U.S. v. Martinez (S.D.N.Y. No. 1:22-cr-00251, 2024-04-18)
Filed April 18, 2024 in U.S. v. Martinez; one of 32 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2024-04-18 |
U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 102 · 2024-04-18 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
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RAFAEL MARTINEZ,
Defendant.
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DECLARATION IN SUPPORT
OF SECOND FINAL
ORDER OF FORFEITURE
S2 22 Cr. 251 (LJL)
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Micah Fergenson, 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 Second 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.
The real property commonly described as 21 Shinnecock Trails,
Franklin Lakes, New Jersey 07417, more particularly described as
Lot 7.01 on Block 1106.05 in the Municipality of Franklin Lakes in
Bergen County, as recorded on April 15, 2021, and associated with
Case 1:22-cr-00251-LJL Document 102 Filed 04/18/24 Page 1 of 4
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Document No./Book-Page: 2021057494 / 4081-102 (the “New
Jersey Property”); and
b.
The real property commonly described as a 1.19-acre lot on
Costamar 10, Casa De Campo, 22000 Buena Vista, Dominican
Republic, at the location with Global Positioning System
coordinates 18.42557, -68.96918 (the “DR Property”)
(a. through b., collectively, the “Specific Property”).
3.
The New Jersey Property is owned by Republic Holdings, LLC.
4.
The DR Property is solely owned by Parkdale Assets Corp. (“Parkdale”)
and the Defendant is the sole director and owner of Parkdale.
5.
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 on April
18, 2024 (D.E. 100).
6.
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
767 3rd Avenue
New York, NY 10017
Louis Green
c/o George B. Donnini, Esq.
Case 1:22-cr-00251-LJL Document 102 Filed 04/18/24 Page 2 of 4
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Butzel Attorneys and Counselors,
201 West Big Beaver Road, Suite 1200
Troy, MI 48084
(collectively, the “First Noticed Parties”).
7.
On or about September 14, 2023, Notice of the Preliminary Order of
Forfeiture was sent via certified mail to the following party:
JP Morgan Chase NA
700 Kansas Lane RCO Centralized Mail, Mail Code: LA4-7300
Monroe, LA 71203-4774
(the “Second Noticed Party”).
8.
On or about November 15, 2023, Notice of the Preliminary Order of
Forfeiture was sent via electronic mail to MBE Capital Partners, LLC c/o Willkie Farr &
Gallagher, Michael Schacter, Esq. (the “Third Noticed Party”).
9.
On or about January 19, 2024, Notice of the Preliminary Order of
Forfeiture was sent via certified mail to the following party:
Republic Holdings, LLC
c/o Shannon Garrahan, Esq.
2 Forest Avenue, Suite 2
Oradell, NJ 07649-1959
(the “Fourth Noticed Party”).
10.
On or about January 24, 2024, Notice of the Preliminary Order of
Forfeiture was sent via FedEx to the following party:
Republic Holdings, LLC
c/o Michael S. Schachter, Esq.
787 Seventh Avenue
New York, NY 10019-6099
(the “Fifth Noticed Party”).
Case 1:22-cr-00251-LJL Document 102 Filed 04/18/24 Page 3 of 4
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11.
On or about March 5, 2024, Notice of the Preliminary Order of Forfeiture
was sent via electronic mail to Parkdale Assets Corp. c/o Michael Schacter, Esq. (collectively
with the First Noticed Parties, the Second Noticed Party, the Third Noticed Party, the Fourth
Noticed Party, and the Fifth Noticed Party, the “Noticed Parties”).
12.
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.
13.
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.
14.
Accordingly, the Government requests that the Court enter the proposed
Second Final Order of Forfeiture.
15.
No previous application for the relief requested herein has been sought.
Dated: New York, New York
April 18, 2024
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
By:
_______/s/__________________
Micah Fergenson
Assistant United States Attorney
Tel: (212) 637-2190
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