United States of America’s Motion for Order of Forfeiture and Money Judgment — United States v. Rivera-Padilla (Dkt. 91, D.P.R.)

Summary

The United States asked the court on December 12, 2023 to enter an order of forfeiture and a personal money judgment of $150,000.00 against Ivelisse Rivera-Padilla in United States v. Rivera-Padilla (D.P.R., Criminal No. 23-058 (RAM)). The motion says Rivera-Padilla pled guilty on October 17, 2023 to Counts One through Fourteen of the Indictment and agreed to forfeit $150,000.00 in U.S. currency. It cites Rule 32.2(b)(1) and (2) of the Federal Rules of Criminal Procedure as authority for a forfeiture order in the form of a money judgment. If the judgment goes unpaid, the motion says the United States may move under Rule 32.2(e)(1)(B) to forfeit substitute assets up to that amount. Assistant U.S. Attorney Seth A. Erbe signed it for U.S. Attorney W. Stephen Muldrow.

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Case 3:23-cr-00058-RAM Document 91 Filed 12/12/23 Page 1 of 3




                         UNITED STATES DISTRICT COURT
                           DISTRICT OF PUERTO RICO


  UNITED STATES OF AMERICA,
           Plaintiff

                 v.                               CRIMINAL NO.: 23-058 (RAM)

  [1] IVELISSE RIVERA-PADILLA,
            Defendant.



   UNITED STATES OF AMERICA=S MOTION FOR ORDER OF FORFEITURE
                     AND MONEY JUDGMENT

TO THE HONORABLE COURT:

       COMES NOW, the United States of America by its undersigned counsel, and very

respectfully submits:

   1. On October 17, 2023, defendant [1] Ivelisse Rivera-Padilla pled guilty as to Counts

       One through Fourteen of the Indictment. As per agreement, defendant [1] Ivelisse

       Rivera-Padilla agreed to forfeit $150,000.00 in U.S. currency. See ECF Nos. 81, 82,

       and 83.

   2. Accordingly, the United States seeks the entry of an Order of Forfeiture consisting of

       a personal money judgment against defendant [1] Ivelisse Rivera-Padilla in the

       amount of $150,000.00 in U.S. currency.

   3. The entry of the Order of Forfeiture in the form of a money judgment is specifically

       authorized by Rule 32.2(b)(1) and (2) of the Federal Rules of Criminal Procedure. See

       United States v. Hall, 434 F.3d 42, 59 (1st Cir. 2006) (citing United States v.

       Candelaria-Silva, 166 F. 3d 19, 10 (1st Cir. 1999)) (criminal forfeiture order may take

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         Case 3:23-cr-00058-RAM Document 91 Filed 12/12/23 Page 2 of 3
Criminal No.: 23-058 (RAM)

       several forms [including] an in personam judgment against the defendant for the amount

       of money the defendant obtained as proceeds of the offense).

   4. Once the Order of Forfeiture is entered, and if defendant [1] Ivelisse Rivera-Padilla

       fails to pay the same, the United States may move at any time, pursuant to Rule

       32.2(e)(1)(B) of the Federal Rules of Criminal Procedure, to amend the Order to forfeit

       as substitute assets any specific properties of the defendant, having a value up to the

       amount of the money judgment. See United States v. Hall, 434 F.3d at 60.

       WHEREFORE, the United States respectfully requests that this Court enter the Order

of Forfeiture and Money Judgment against defendant [1] Ivelisse Rivera-Padilla, for

$150,000.00 in U.S. currency, respectively, in favor of the United States of America.

       RESPECTFULLY SUBMITTED,
       In San Juan, Puerto Rico this 12th day of December 2023.

                                           W. STEPHEN MULDROW
                                           United States Attorney


                                            s/Seth A. Erbe
                                           Seth A. Erbe
                                           Assistant United States Attorney
                                           U.S.D.C. No.: 220807
                                           Torre Chardon, Suite 1201
                                           350 Carlos Chardon Street
                                           San Juan, PR 00918
                                           Tel: 787-766-5656
                                           Email: seth.a.erbe@usdoj.gov




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         Case 3:23-cr-00058-RAM Document 91 Filed 12/12/23 Page 3 of 3
Criminal No.: 23-058 (RAM)



                             CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on this same date, December 12, 2023, I electronically

filed the foregoing with the Clerk of the Court using the CM/EMF system.


                                         s/Seth A. Erbe
                                         Seth A. Erbe
                                         Assistant United States Attorney




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