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

Record facts

U.S. District Court for the District of New Jersey · No. 1:24-cr-00469-KMW · Doc. 22 · 2024-07-17 · Docket on CourtListener

Full text

Case 1:24-cr-00469-KMW Document22 Filed 07/17/24 Page 1of5 PagelD: 101

2024R00332/DAF/JMR/JNM/jw

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. Karen M. Williams
Vv. : Crim. No. 24-469-KMW
LISA SMITH, : CONSENT JUDGMENT
AND ORDER OF FORFEITURE
Defendant. : (MONEY JUDGMENT)

WHEREAS, on or about ‘| | | } | G uy , pursuant to a plea agreement

with the United States, defendant isd Smith (“Defendant”) pleaded guilty to a
one-count Information charging her with bank fraud conspiracy, contrary to 18
U.S.C. § 1344, in violation of 18 U.S.C. § 1349 (Count One};

WHEREAS, in the plea agreement, Defendant agreed to forfeit, pursuant
to 18 U.S.C. § 982{a}(2)(A), any property, real or personal, constituting or derived
from proceeds Defendant obtained directly and indirectly as a result of the
commission of the offense charged in Count One of the Information;

WHEREAS, Defendant:

{1} Consents to the entry of a money judgment in the amount of
$183,146.42 (the “Money Judgment”), pursuant to 18 U.S.C. § 982{a){2)(A);

(2) 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;

(3) Acknowledged that one or more of the conditions set forth in

21U.8.C. § 853(p} exists, and that the United States is therefore entitled to forfeit
Case 1:24-cr-00469-KMW Document22 Filed 07/17/24 Page 2 of 5 PagelD: 102

substitute assets in an amount not to exceed the amount of 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 Defendant’s presence at
sentencing, and incorporation of the forfeiture in the Judgment of Conviction;

(5) Acknowledges that she understands that forfeiture of property
will be part of the sentence imposed upon her in this case and waives any failure
by the Court to advise her 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 THAT:

1, All property, real or personal, constituting or derived from proceeds
the defendant obtained directly and indirectly as a result of the commission of
the offense charged in Count One the Information, to which Defendant has
pleaded guilty, is forfeited to the United States, pursuant to 18 U.S.C,
§ 982(a)(2)(A).

2. Defendant having acknowledged that one or more of the conditions
set forth in 21 U.S.C. § 853{p) exists, the United States is entitled to forfeit

proceeds and/or substitute assets equal to the value of the proceeds obtained

-2-

Case 1:24-cr-00469-KMW Document 22 Filed07/17/24 Page 3 of 5 PagelD: 103

by Defendant, which was $183,146.42. A money judgment in the amount of
$183,146.42 (the “Money Judgment”) is hereby entered against Defendant,
pursuant to 18 U.S.C. § 982{a)(2)(A), 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 to the
United States Marshals Service, and delivered 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
Defendant’s name and case number on the face of the check.

4. Until Defendant is sentenced, the United States Marshals Service
shall deposit all payments on the Money Judgment in its Seized Assets Deposit
Account. After 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. 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.
Case 1:24-cr-00469-KMW Document 22 _ Filed 07/17/24 . Page 4 of 5 PagelD: 104

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

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

7. The Clerk of the Court is directed to enter a Criminal Forfeiture
Money Judgment against Defendant in favor of the United States in the amount
of $183,146.42.

8, This Court shall retain jurisdiction to enforce this Order and to

amend it as necessary.

Dated: 7/17/24
ws

FON KAREN M. WILLIAMS

a

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

Philip R. Sellinger
United States Attorney

Lay Wi Ve Dated: May 17, 2024

By: Daniel A. Friedman
Jason M. Richardson
Assistant U.S. Attorneys

Case 1:24-cr-00469-K

Document 22

Filed 07/17/24 Page 5 of 5 PagelD: 105

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