Court filing
Declaration in Support of Third Final Order of Forfeiture — U.S. v. Martinez (S.D.N.Y. No. 1:22-cr-00251, 2024-08-13)
Filed August 13, 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 | 2024-08-13 |
U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 107 · 2024-08-13 · Docket on CourtListener
Full text
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 THIRD 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 Third 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.
A Black 1962 Mercedes Benz Model 190, with VIN No.
1210421000394, and New Jersey License Plate No. S69NAZ (the
“Mercedes”); and
Case 1:22-cr-00251-LJL Document 107 Filed 08/13/24 Page 1 of 3
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b.
A 2017 Bentley Model Continental GT, with VIN No.
SCBFT7ZA9HC061995 (the “Bentley”).
3.
Following the entry of the Preliminary Order of Forfeiture, the Government
learned the Defendant had sold the Mercedes.
4.
On or about February 16, 2024, the Government received $48,500
representing the sale proceeds of the Mercedes (the “Mercedes Sale Proceeds”, collectively, with
the Bentley, the “Specific Property”).
5.
The Notice of Forfeiture and the intent of the Government to dispose of the
Mercedes Sale Proceeds was posted on an official government internet site (www.forfeiture.gov)
beginning on February 21, 2024, for thirty (30) consecutive days, through March 21, 2024,
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 August 13, 2024 (D.E. 104).
6.
The Notice of Forfeiture and the intent of the Government to dispose of the
Bentley was posted on an official government internet site (www.forfeiture.gov) beginning on
March 15, 2024, for thirty (30) consecutive days, through April 13, 2024, 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 August 13, 2024
(D.E. 105).
7.
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
Case 1:22-cr-00251-LJL Document 107 Filed 08/13/24 Page 2 of 3
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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.
Butzel Attorneys and Counselors,
201 West Big Beaver Road, Suite 1200
Troy, MI 48084
(collectively, the “Noticed Parties”).
8.
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.
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 Specific Property have been filed.
10.
Accordingly, the Government requests that the Court enter the proposed
Third Final Order of Forfeiture.
11.
No previous application for the relief requested herein has been sought.
Dated: New York, New York
August 13, 2024
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
By:
_______/s/__________________
Katherine Reilly
Assistant United States Attorney
Tel: (212) 637-6521
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