Final Order of Forfeiture (As to Specific Property) — United States v. Cornell McCoy (D.N.J.)

Record facts

U.S. District Court, District of New Jersey · No. 1:22-cr-00186-KMW · Doc. 26 · 2022-08-10 · Docket on CourtListener

Full text

Case 1:22-cr-00186-KMW Document 26 Filed 08/10/22 Page 1 of 4 PagelD: 173

Case 1:22-cr-00186-KMW Document 25-1 Filed 08/09/22 Page 1 of 4 PagelD: 169

2020R01278/DF/SD/jw
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. Karen M. Williams, U.S.D.J.
Vv. : Crim. No, 22-186

CORNELL MCCOY, : FINAL ORDER OF FORFEITURE
(AS TO SPECIFIC PROPERTY)

Defendant.

On March 14, 2022, defendant Cornell McCoy (the “defendant”) pleaded
guilty, pursuant to a plea agreement with the United States, to a one-count
Information (the “Information”), which charged him with bank fraud, in violation
of 18 U.S.C. § 1344 (Count One).

On or about March 14, 2022, the Court entered a Consent Judgment and
Order of Forfeiture (Money Judgment) and Preliminary Order of Forfeiture as to
Specific Property (Final as to the Defendant) (the “Preliminary Order”), Pursuant
to the plea agreement, and pursuant to 18 U.S.C, § 982(a)(2) and Fed. R. Crim.
P, 32.2(b)(1) and (b)(2), the Preliminary Order forfeited to the United States all of
the defendant’s right, title, and interest in the contents of an account at Key
Bank ending in -4316, in the name of Silver Cup Services Group LLC, which the
defendant admitted had the requisite nexus to the offense to which the defendant
pleaded guilty, and property traceable to such property. The Court also imposed
a criminal forfeiture money judgment in the amount of $237,500.00 upon the

defendant (the “Money Judgment’}.

Case 1:22-cr-00186-KMW Document 26 Filed 08/10/22 Page 2 of 4 PagelD: 174
Case 1:22-cr-00186-KMW Document 25-1 Filed 08/09/22 Page 2 of 4 PagelD: 170

On or about May 4, 2022, the Court entered a Partial Amendment of
Consent Judgment of Forfeiture (Money Judgment) and Preliminary Order of
Forfeiture adding the contents of an account at Key Bank ending in -3902, in
the name of Silver Cup Services Group LLC, to the list of specific property
forfeited by the defendant in the Preliminary Order, so that the property forfeited
by the defendant in the Preliminary Order now included, but was not limited to,

the following:

a. the contents of an account at Key Bank ending in -4316, in the name
of Silver Cup Services Group LLC; and

b. the contents of an account at Key Bank ending in -3902, in the name
of Silver Cup Services Group LLC

(collectively, the “Specific Property”).

The provisions of 21 U.S.C. § 853(n) (as incorporated by U.S.C. § 982(b))
and Rule 32.2(b) of the Federal Rules of Criminal Procedure require publication
and notice to third parties known to have alleged an interest in forfeited property
and the disposition of any petitions filed under Section 853(n) before the United
States may have clear title to such property.

Pursuant to 21 U.S.C. § 853({n)(1), a Notice of Forfeiture with respect to the
Specific Property was posted on an official government internet site, namely
www.forfeiture.gov, beginning on May 7, 2022, and running for 30 consecutive
days through June 5, 2022, as permitted by Rule G(4)(a)(iv)(C) of the
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture

Actions. Proof of publication was filed with the Court on or about August 9,

2022.

Case 1:22-cr-00186-KMW Document 26 Filed 08/10/22 Page 3 of 4 PagelD: 175
Case 1:22-cr-00186-KMW Document 25-1 Filed 08/09/22 Page 3 of 4 PagelD: 171

The published notice explained that any person asserting a legal interest
in the Specific Property was required to file a petition with the Court within sixty
(60) days from the first day of publication of the notice on the government
internet site, and that if no such petitions were filed, following the expiration of
the period for the filing of such petitions, the United States would have clear title
to the Specific Property, in accordance with Supplemental Rule G(5)(a)(ii)(B).

The defendant was the owner of Silver Cup Services Group LLC. Since
there are no third parties known to have alleged an interest in forfeited specific
property who have not agreed to forfeit their interest in the Specific Property, no
individual notices were sent to potential third parties.

Pursuant to 21 U.S.C. § 853(n)}(7), the United States shall have clear title
to any forfeited property where no direct notice to potential claimants was
required and no petitions for a hearing to contest the forfeiture have been filed
within sixty (60) days after the first day of publication on an official internet
government forfeiture site, in accordance with the procedures prescribed in
Supplemental Rule G(5)(a}(ii)(B).

No claims or answers were filed or made in this action, no parties have
appeared to contest the action to date, and the statutory time periods in which
to do so have expired. Pursuant to 21 U.S.C. § 853(n)(7), the United States is
therefore entitled to have clear title to the Specific Property and to warrant good

title to any subsequent purchaser or transferee.

Case 1:22-cr-00186-KMW Document 26 Filed 08/10/22 Page 4 of 4 PagelD: 176
Case 1:22-cr-00186-KMW Document 25-1 Filed 08/09/22 Page 4 of 4 PagelD: 172

NOW, THEREFORE, on the application of Phillip R. Sellinger, United
States Attorney for the District of New Jersey (Sarah Devlin, Assistant United
States Attorney, appearing),

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. All right, title and interest in the following property is hereby
forfeited to the United States of America for disposition according to law:

a, the contents of an account at Key Bank ending in -4316, in the name
of Silver Cup Services Group LLC; and

b, the contents of an account at Key Bank ending in -3902, in the name
of Silver Cup Services Group LLC.

2, Any forfeited money shall be applied to the forfeiture money
judgment imposed upon the defendant in accordance with the Preliminary
Order.

3. The Court retains jurisdiction to take additional action, enter further
orders, and amend this and any future orders as necessary to implement and

enforce this Order,

Re e Boyne os
ORDERED this | ‘day of a Ve _ , 2022.
7
*«K gh pab IQS

HONORABLE KAREN M. WILLIAMS
United States District Judge

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