Consent Order of Forfeiture/Money Judgment — United States v. Gomez (Dkt. 59, S.D.N.Y.)

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A consent order of forfeiture and money judgment in United States of America v. Vanessa Gomez, 21 Cr. 245 (ER), in the U.S. District Court for the Southern District of New York, filed May 11, 2022. The order recites that on or about April 13, 2021 Gomez was charged in a three-count Indictment with conspiracy to commit wire fraud under Title 18, United States Code, Section 1349, conspiracy to commit theft of government funds under Section 371, and aggravated identity theft under Section 1028A. It recites the forfeiture allegation as to Counts One and Two, seeking proceeds traceable to those offenses under Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), and imposes a money judgment on consent. It is signed by Assistant United States Attorney Danielle M. Kudla, the defendant, attorney Thomas H. Nooter and Judge Edgardo Ramos.

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Case 1:21-cr-00245-ER Document 59 Filed 05/11/22 Page 1of6

                                             USDC SDNY

                                             DOCUMENT       |

UNITED STATES DISTRICT COURT                Dory RONIGALLY FILED
SOUTHERN DISTRICT OF NEW YORK              - DATE FILED: Soa
                                             :     , ee    + v . On

UNITED STATES OF AMERICA
                                    : CONSENT ORDER OF
          -v.-                          FORFEITURE/
                                    : MONEY JUDGMENT

VANESSA GOMEZ,
                                        21 Cr. 245 (ER)
                    Defendant.

          WHEREAS, on or about April 13, 2021, VANESSA GOMEZ (the

‘“Defendant”), was charged in a three-count Indictment, 21 Cr. 245

(ER) (the “Indictment”), with conspiracy to commit wire fraud, in

violation of Title 18, United States Code, Section 1349 (Count

One), conspiracy to commit theft of government funds, in violation

of Title 18, United States Code, Section 371 (Count Two), and

aggravated identity theft, in violation of Title 18, United States

Code, Section 1028A (Count Three) ;

          WHEREAS, the Indictment included a forfeiture allegation

as to Counts One and Two of the Indictment, seeking forfeiture to

the United States, pursuant to Title 18, United States Code,

Section 981(a)(1)(C), and Title 28, United States Code, Section

2461(c), of any and all property, real and personal, that

constitutes or is derived from proceeds traceable to the commission

of the offenses charged in Counts One and Two of the Indictment,

including but not limited to a sum of money in United States

currency representing the amount of proceeds traceable to the

Case 1:21-cr-00245-ER Document 59 Filed 05/11/22 Page 2 of 6

commission of the offenses charged in Counts One and Two of the
Indictment;

WHEREAS, on or about January 6, 2022, the Defendant pled
guilty to Counts One and Two of the Indictment, pursuant to a plea
agreement with the Government, wherein the Defendant admitted the
forfeiture allegation with respect to Counts One and Two of the
Indictment, and agreed to forfeit to the United States, pursuant
to Title 18, United States Code, Section 981(a)(1)(C) and Title 28
United States Code, Section 2461(c), a sum of money equal to
$54,437.14 in United States currency, representing proceeds
traceable to the commission of the offenses charged in Counts One
and Two of the Indictment that the Defendant personally obtained
(the “Money Judgment”) ;

WHEREAS, the Defendant consents to the entry of a Money
Judgment in the amount of $54,437.14 in United States currency
representing the amount of proceeds traceable to the offenses
charged in Counts One and Two of the Indictment that the Defendant
personally obtained; and

WHEREAS, the Defendant admits that, as a result of acts
and/or omissions of the Defendant, the proceeds traceable to the
offenses charged in Counts One and Two of the Indictment that the
Defendant personally obtained cannot be located upon the exercise

of due diligence.


Case 1:21-cr-00245-ER Document 59 Filed 05/11/22 Page 3 of 6

IT IS HEREBY STIPULATED AND AGREED, by and between the
United States of America, by its attorney Damian Williams, United
States Attorney, Assistant United States Attorney, Danielle M.
Kudla of counsel, and the Defendant, and her counsel, Thomas H.
Nooter, Esq., that:

1. As a result of the offenses charged in Counts One
and Two of the Indictment, to which the Defendant pled guilty, a
Money Judgment in the amount of $54,437.14 in United States
currency (the “Money Judgment”), representing the amount of
proceeds traceable to the offenses charged in Counts One and Two
of the Indictment that the Defendant personally obtained, shall be
entered against the Defendant.

2. Pursuant to Rule 32.2(b) (4) of the Federal Rules of
Criminal Procedure, this Consent Preliminary Order of
Forfeiture/Money Judgment is final as to the Defendant, VANESSA
GOMEZ, and shall be deemed part of the sentence of the Defendant,
and shall be included in the judgment of conviction therewith.

3. All payments on the outstanding Money Judgment
shall be made by postal money order, bank or certified check, made
payable, in this instance, to the United States Marshals Service,
and delivered by mail to the United States Attorney’s Office,
Southern District of New York, Attn: Money Laundering and

Transnational Criminal Enterprises Unit, One St. Andrew’s Plaza,


Case 1:21-cr-00245-ER Document 59 Filed 05/11/22 Page 4of6

New York, New York 10007 and shall indicate the Defendant’s name
and case number.

4. The United States Marshals Service is authorized to
deposit the payments on the Money Judgment in the Assets Forfeiture
Fund, and the United States shall have clear title to such
forfeited property.

5. Pursuant to Title 21, United States Code, Section
853(p), the United States is authorized to seek forfeiture of
substitute assets of the Defendant up to the uncollected amount of
the Money Judgment.

6. Pursuant to Rule 32.2(b) (3) of the Federal Rules of
Criminal Procedure, the United States Attorney’s Office is
authorized to conduct any discovery needed to identify, locate or
dispose of forfeitable property, including depositions,
interrogatories, requests for production of documents and the
issuance of subpoenas.

7. The Court shall retain jurisdiction to enforce this
Consent Preliminary Order of Forfeiture/Money Judgment, and to
amend it as necessary, pursuant to Rule 32.2 of the Federal Rules
of Criminal Procedure.

8. The Clerk of the Court shall forward three
certified copies of this Consent Preliminary Order of

Forfeiture/Money Judgment to Assistant United States Attorney


Case 1:21-cr-00245-ER Document 59 Filed 05/11/22 Page 5 of 6

Alexander J. Wilson, Co-Chief of the Money Laundering and
Transnational Criminal Enterprises Unit, United States Attorney’s

Office, One St. Andrew’s Plaza, New York, New York 10007.

[THIS SPACE LEFT INTENTIONALLY BLANK]


Case 1:21-cr-00245-ER Document 59 Filed 05/11/22 Page 6 of 6

9. The signature page of this

Consent Preliminary

Order of Forfeiture/Money Judgment may be executed in one or more

counterparts,

each of which will be deemed an original but all of

which together will constitute one and the same instrument.

AGREED AND CONSENTED TO:

DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York

By:

By:

By:

/s/

Danielle M. Kudla

Assistant United States Attorney
One St. Andrew’s Plaza

New York, NY 10007

(212) 637-2304

Ue arn nerd) amee

VANESSA GOME f

? eS *.

THOMAS H. NOOTER, ESQ.
Attorney for Defendant
Freeman, Nooter & Ginsberg
75 Maiden Lane, Suite 503
New York, New York 10038

SO ORDERED:

ZA &

HONORABLE EDGARDO RAMOS
UNITED STATES DISTRICT JUDGE

04/26/2022
DATE

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DATE

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DATE

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