Third Final Order of Forfeiture - United States v. Martinez

Record facts

U.S. District Court, S.D.N.Y. · No. 1:22-cr-00251-LJL · Doc. 106-1 · 2024-08-13 · 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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THIRD FINAL ORDER OF 
FORFEITURE  
 
S2 22 Cr. 251 (LJL) 
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WHEREAS, on or about March 24, 2023, this Court entered a Consent Preliminary 
Order of Forfeiture as to Specific Property/Money Judgment (the “Preliminary Order of 
Forfeiture”) (D.E. 66), which ordered the forfeiture to the United States of all right, title and 
interest of RAFAEL MARTINEZ (the “Defendant”) in, inter alia, the following property: 
a. 
A Black 1962 Mercedes Benz Model 190, with VIN No. 
1210421000394, and New Jersey License Plate No. S69NAZ (the 
“Mercedes”);  and 
 
b. 
A 2017 Bentley Model Continental GT, with VIN No. 
SCBFT7ZA9HC061995 (the “Bentley”); 
 
WHEREAS, following the entry of the Preliminary Order of Forfeiture, the 
Government learned the Defendant had sold the Mercedes; 
WHEREAS, 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”); 
WHEREAS, the Preliminary Order of Forfeiture directed the United States to 
publish, for at least thirty (30) consecutive days, notice of the Preliminary Order of Forfeiture, 
notice of the United States= intent to dispose of the Specific Property, and the requirement that any 
person asserting a legal interest in the Specific Property must file a petition with the Court in 
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accordance with the requirements of Title 21, United States Code, Sections 853(n)(2) and (3).  
Pursuant to Section 853(n), the United States could, to the extent practicable, provide direct written 
notice to any person known to have an alleged interest in the Specific Property and as a substitute 
for published notice as to those persons so notified; 
WHEREAS, the provisions of Title 21, United State Code, Section 853(n)(1), 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, require 
publication of a notice of forfeiture and of the Government’s intent to dispose of the Specific 
Property before the United States can have clear title to the Specific Property; 
WHEREAS, the Notice of Forfeiture and the intent of the United States 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); 
WHEREAS, the Notice of Forfeiture and the intent of the United States 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);  
 
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WHEREAS, 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. 
Butzel Attorneys and Counselors,  
201 West Big Beaver Road, Suite 1200 
Troy, MI 48084 
 (collectively, the “Noticed Parties”); 
WHEREAS, 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; 
WHEREAS, the Defendant and the Noticed Parties are the only individuals and/or 
entities known by the Government to have a potential interest the Specific Property; and 
WHEREAS, pursuant to Title 21, United States Code, Section 853(n)(7), the 
United States shall have clear title to any forfeited property if no petitions for a hearing to contest 
the forfeiture have been filed within thirty (30) days of final publication of notice of forfeiture as 
set forth in Title 21, United States Code, Section 853(n)(2);  
 
 
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 
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1.
All right, title and interest in the Specific Property is hereby forfeited and
vested in the United States of America, and shall be disposed of according to law. 
2.
Pursuant to Title 21, United States Code, Section 853(n)(7) the United
States of America shall and is hereby deemed to have clear title to the Specific Property. 
3.
The United States Department of Treasury (or its designee) shall take
possession of the Specific Property and dispose of the same according to law, in accordance with 
Title 21, United States Code, Section 853(h). 
Dated: New York, New York 
_____________, 2024 
SO ORDERED: 
____________________________________ 
HONORABLE LEWIS J. LIMAN 
UNITED STATES DISTRICT JUDGE 
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August 13
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