Consent Judgment and Order of Forfeiture — United States v. Sargeant

Summary

A Consent Judgment and Order of Forfeiture (Money Judgment) and Preliminary Order of Forfeiture as to Specific Property (Final as to the Defendant) in United States of America v. Sieff Robert Sargeant, Crim. No. 24-360, No. 1:24-cr-00360-KMW, in the U.S. District Court for the District of New Jersey, filed May 23, 2024 as Document 28. Entered by Hon. Karen M. Williams, it recites that the defendant pleaded guilty to a one-count Information charging money laundering under 18 U.S.C. § 1956(a)(1)(A)(i) and agreed that the property involved was worth $147,000. The order enters a $147,000 money judgment under 18 U.S.C. § 982(a)(1), forfeits $7,682.93 seized from a KeyBank account, directs notice to potential claimants on forfeiture.gov, and allows substitute assets under 21 U.S.C. § 853(p).

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 1:24-cr-00360-KMW Document 28 Filed 05/23/24 Page 1 of 9 PagelD: 92

2024ROO235AF/SD/MS

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. Karen M. Williams, U.S.D.J.
Vv. Crim. No. 24-360 (KMW
SIEFF ROBERT SARGEANT, ; CONSENT JUDGMENT
AND ORDER OF FORFEITURE
Defendant. : (MONEY JUDGMENT) AND
PRELIMINARY ORDER OF
FORFEITURE AS TO

SPECIFIC PROPERTY (FINAL AS
TO THE DEFENDANT)

Case 1:24-cr-O0360-KMW Document 28 Filed 05/23/24 Page 2 of 9 PagelD: 93

WHEREAS, on or about , defendant Sieff Robert Sargeant
(the “defendant’) pleaded guilty, pursuant to a plea agreement with the United
States, to a one-count Information (the “Information”), which charged him with
money laundering, in violation of 18 U.S.C. § 1956(a)(1)(A){i). In the plea
agreement, the defendant agreed to forfeit, pursuant to 18 U.S.C. § 982(a)}(1),
all property, real or personal, involved in the money laundering offense charged
in the Information, and all property traceable to such property. The defendant
agreed that the aggregate value of such property is $147,000 (the “Money
Judgment”);

WHEREAS, in the plea agreement, the defendant further acknowledged
that one or more of the criteria set forth in 21 U.S.C. § 853(p) are met, entitling
the United States to forfeit substitute assets of the defendant in an amount not
to exceed the amount of the Money Judgment;

WHEREAS, the defendant further agrees to forfeit all of his right, title,
and interest in $7,682.93 in United States currency seized from KeyBank
account ending in 5313 (the “Specific Property”), which the defendant admits
was involved in the money laundering offense charged in Count One of the
Information or traceable to such property and therefore is forfeitable to the
United States of America pursuant to 18 U.S.C. § 982(a)(1). Any forfeited
money and the net proceeds derived from the sale of forfeited specific property

will be applied to the Money Judgment, in partial satisfaction thereof;
Case 1:24-cr-O0360-KMW Document 28 Filed 05/23/24 Page 3 of 9 PagelD: 94

WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure
provides that no ancillary proceeding is required to the extent that the
forfeiture consists of a money judgment;

WHEREAS, the provisions of 21 U.S.C. § 853(n) (as incorporated by 18
U.S.C. § 982(b)(1)} require publication and notice to third parties known to
have alleged an interest in forfeited specific property and the disposition of any
petitions filed under 21 U.S.C. § 853(n) before the United States may have clear
title to such property; and

WHEREAS, defendant Sieff Robert Sargeant:

(1) Consents to the entry of the Money Judgment, pursuant to
18 U.S.C. § 982(a)(1);

(2) Agrees to forfeit to the United States all of his right, title, and
interest in the Specific Property;

(3) Agrees to consent promptly upon request to the entry of any
orders deemed necessary by the government or the Court to complete the
forfeiture and disposition of property forfeited to satisfy the Money Judgment;

(4) Waives the requirements of Federal Rules of Criminal
Procedure 32.2 and 43(a} regarding notice of forfeiture in the charging
instrument, announcement of the forfeiture in the defendant’s presence at
sentencing, and incorporation of the forfeiture in the Judgment of Conviction;

(5) Acknowledges that he understands that forfeiture of property

will be part of the sentence imposed upon him in this case and waives any

Case 1:24-cr-O0360-KMW Document 28 Filed 05/23/24 Page 4 of 9 PagelD: 95

failure by the Court to advise him of this, pursuant to Federal Rule of Criminal
Procedure 11(b}(1)(J), during the plea hearing; and

(6) Waives any and all claims that this forfeiture constitutes an
excessive fine and agrees that this forfeiture does not violate the Eighth
Amendment.

Having considered the plea agreement, the record as a whole, and the

applicable law, it is hereby ORDERED, ADJUDGED, AND DECREED AS
FOLLOWS:

Money Judgment

1. All property, real or personal, involved in the money laundering
offense charged in the Information, and all property traceable to such property,
to which the defendant has pleaded guilty, is forfeited to the United States,
pursuant to 18 U.S.C. § 982(a)(1).

2. The defendant having conceded that one or more of the criteria set
forth in 21 U.S.C, § 853(p) are met, the United States is entitled to forfeit
proceeds and/or substitute assets equal to the value of the property involved in
the money laundering offense charged in the Information, which was $147,000.
A money judgment in the amount of $147,000 is hereby entered against the
defendant (the “Money Judgment”), pursuant to 18 U.S.C. § 982(a)(1), 21
U.S.C. § 853(p), and Federal Rule of Criminal Procedure 32.2(b).

3. All payments on the Money Judgment shall be made by (i)
electronic funds transfer, as directed by the United States Attorney’s Office; or

(ii) postal money order, bank or certified check, made payable, in this instance
Case 1:24-cr-O0360-KMW Document 28 Filed 05/23/24 Page 5 of 9 PagelD: 96

to the United States Marshals Service, and delivered by mail to the United
States Attorney’s Office, District of New Jersey, Attn: Asset Forfeiture and
Money Laundering Unit, 970 Broad Street, 7th Floor, Newark, New Jersey
07102, and shall indicate the defendant’s name and case number on the face
of the check.

4. Until the defendant is sentenced, the United States Marshals
Service shall deposit all payments on the Money Judgment in its Seized Assets
Deposit Account. After the defendant is sentenced and the Judgment is
entered on the docket, all payments on the Money Judgment shall be forfeited
to the United States of America as substitute assets, pursuant to 21 U.S.C. §
853(p), and shall be deposited in the Assets Forfeiture Fund.

5. When the Money Judgment is fully satisfied, the United States
shall file a Satisfaction of the Money Judgment.

6. Pursuant to Federal Rule of Criminal Procedure 32,2(b)(3) and 21
U.S.C. § 853(n), upon entry of this Order, and until the Money Judgment is
fully satisfied, the United States Attorney’s Office is authorized to conduct any
discovery needed to identify, locate, or dispose of assets to satisfy the Money
Judgment, or in connection with any petitions filed pursuant to 21 U.S.C.

§ 853(n)}, including depositions, interrogatories, requests for production of
documents, and the issuance of subpoenas.

Specific Property

7. As a further result of the defendant’s conviction of the money

laundering offense charged in Count One of the Information, and pursuant to

Case 1:24-cr-O0360-KMW Document 28 Filed 05/23/24 Page 6 of 9 PagelD: 97

18 U.S.C. § 982(a}{1) and Fed. R. Crim. P. 32.2(b)(1) and (b)(2), all of the
defendant’s right, title, and interest in the Specific Property is hereby forfeited
to the United States of America for disposition according to law, subject to the
provisions of 21 U.S.C. § 853.

8. Pursuant to Rule 32.2(b}(3) of the Federal Rules of Criminal
Procedure, the United States Marshals Service, its agent or designee shall
maintain or take possession of the Specific Property and hold such property in
its secure custody and control.

9. Pursuant to 21 U.S.C. § 853(n)(1} and Rule 32.2(b)(6) of the
Federal Rules of Criminal Procedure, the United States shall publish notice of
this Order for at least 30 consecutive days on the government internet site
www.forfeiture.gov. The United States shall also send notice of this Order to
any person who reasonably appears to be a potential claimant with standing to
contest the forfeiture in the ancillary proceeding.

10. Pursuant to Fed R. Crim. P. 32.2(b}(6) and 21 U.S.C. § 853(n)(2)
and (n)(3), the notice of forfeiture must describe the forfeited property with
reasonable particularity, state the times by which a petition contesting the
forfeiture must be filed, and state the name and contact information for the
government attorney to be served with the petition. The notice shall also state
that the petition (i) shall be for a hearing to adjudicate the validity of the
petitioner's alleged interest in the Specific Property, (ii) shall be signed by the
petitioner under penalty of perjury, and (iii) shall set forth the nature and

extent of the petitioner's right, title, or interest in the Specific Property, the
Case 1:24-cr-O0360-KMW Document 28 Filed 05/23/24 Page 7 of 9 PagelD: 98

time and circumstances of the petitioner's acquisition of the right, title, and
interest in the Specific Property, any additional facts supporting the petitioner's
claim, and the relief sought.

11. Any person, other than the defendant, claiming interest in the
Specific Property must file a petition within 60 days from the first day of
publication of notice on the government internet site, or no later than 35 days
from the mailing of direct notice, whichever is earlier, pursuant to Rule
32,.2(b)({6) of the Federal Rules of Criminal Procedure and Rule G(4) and G(5) of
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions.

12. Upon adjudication of all third-party interests, the Court will enter
a final order of forfeiture pursuant to 21 U.S.C. § 853(n)(7) and Fed. R. Crim.
P. 32.2(c}(2}, in which all interests will be addressed.

13. Any forfeited money and the net proceeds derived from the sale of
forfeited property will be applied to the Money Judgment until the Money
Judgment is satisfied in full.

Other Provisions

14. Pursuant to Rule 32.2(b}(4) of the Federal Rules of Criminal
Procedure, this Order of Forfeiture shall be final against the defendant, shall be
made part of the sentence of defendant, and shall be included in the judgment

of conviction therewith.

Case 1:24-cr-O0360-KMW Document 28 Filed 05/23/24 Page 8 of 9 PagelD: 99

15. The Clerk of the Court is directed to enter a criminal forfeiture
money judgment against the defendant in favor of the United States in the

amount of $147,000.

16. This Court shall retain jurisdiction to enforce this Order and to

amend it as necessary.

fonder x

a

, 2024.

c

Fi

Ay VAS go> —
HON. KAREN M. WILLIAMS, U.S.D.J.

ORDERED this of 3 day of hE

er

Case 1:24-cr-00360-KMW Document 28 _ Filed 05/23/24 Page 9 of 9 PagelD: 100

The undersigned hereby consent to
the form and entry of this Order:

PHILIP R. SELLINGER
United States Attorney

DMA GL

DANIEL A. FRIEDMAN
Assistant United States Attorney

Dated: April 13, 2024

iLBERT J.ACUTTI, ESO.

Dated: Y 29 Ih Vh
Attorney for Defendant Sieff Robert Sargeant
(hn Dated: yL. Y, Az

SIEFF ROBERT SARGEANT, Defendant

File and source

File

gov.uscourts.njd.549140.28.0.pdf

Size

236,806 bytes

SHA-256

25ec489356b5a082c307278c73b52622d1a496ef41008966799d689d70e9c08e

Our copy

gov.uscourts.njd.549140.28.0.pdf

Original

PACER (login required)