Order of Forfeiture — United States v. Wint

Record facts

U.S. District Court, Eastern District of New York · No. 1:21-cr-00477-FB · Doc. 21 · 2022-11-22 · Docket on CourtListener

Full text

FR:BGK 
F. #2020R00955 
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
----------------X 
UNITED STATES OF AMERICA 
- against -
CHARLENE WINT, 
Defendant. 
----------------X 
FILED 
IN CLERK'S OFFICE 
U.S. DISTRICT COURT E.D.N.Y. 
* NOV 22 2022 * 
BROOKLYN OFFICE 
ORDER OF FORFEITURE 
21-CR-477 (FB) 
WHEREAS, on or about September 23, 2021, Charlene Wint (the 
"defendant"), entered a plea of guilty to the offense charged in the Sole Count of the above-
captioned Information, charging a violation of 18 U.S.C. § 1349; and 
WHEREAS, pursuant to 18 U.S.C. § 982(a)(2), the defendant has consented t • 
the entry of a forfeiture money judgment in the amount of twenty-five thousand dollars and 
zero cents ($25,000.00) (the "Forfeiture Money Judgment"), as property constituting, or 
derived from, proceeds obtained directly or indirectly as a result of the defendant's violation 
of 18 U.S.C. § 1349, and/or substitute assets, pursuant to 21 U.S.C. § 853(p), as incorporated 
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by 18 U.S.C. § 982(b)(l). 
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent, by 
and between the United States and the defendant as follows: 
1. 
The defendant shall forfeit to the United States the full amount of the 
Forfeiture Money Judgment, pursuant 18 U.S.C. §§ 982(a)(2) and 982(b)(l), and 21 U.S.C. 
§ 853(p). 
Case 1:21-cr-00477-FB     Document 21     Filed 11/22/22     Page 1 of 4 PageID #: 151

2. 
All payments made towards the Forfeiture Money Judgment shall be 
made by a money order, or certified and/or official bank check, payable to U.S. Marshals 
Service with the criminal docket number noted on the face of the instrument. The defendant 
shall cause said payment(s) to be sent by overnight mail delivery to Assistant United States 
Attorney Brendan G. King, United States Attorney's Office, Eastern District ofNew York, 
271-A Cadman Plaza East, Brooklyn, New York 11201. 
3. 
If the defendant fails to pay any portion of the Forfeiture Money 
Judgment, the defendant shall forfeit any other property of hers up to the value of the 
outstanding balance, pursuant to 21 U.S.C. § 853(p), and further agrees that the conditions o 
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21 U.S.C. § 853(p)(l)(A)-(E) have been met. 
4. 
Upon entry of this Order of Forfeiture ("Order"), the United States 
Attorney General or her designee is authorized to conduct any proper discovery in 
accordance with Fed. R. Crim. P. 32.2(b)(3) and (c). The United States alone shall hold title 
to the monies paid by the defendant to satisfy the Forfeiture Money Judgment following the 
Court's entry of the judgment of conviction. 
5. 
The defendant shall fully assist the government in effectuating the 
payment of the Forfeiture Money Judgment, by among other things, executing any 
documents necessary to effectuate any transfer of title to the United States. The defendant 
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shall not file a claim or petition seeking remission or contesting the forfeiture of any property 
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against which the government seeks to satisfy the Forfeiture Money Judgment in any 
administrative or judicial ( civil or criminal) proceeding. The defendant shall not assist any 
person or entity to file a claim or petition seeking remission or contesting the forfeiture of 
Case 1:21-cr-00477-FB     Document 21     Filed 11/22/22     Page 2 of 4 PageID #: 152

.,,. 
any property against which the government seeks to satisfy the Forfeiture Money Judgment 
in any administrative or judicial ( civil or criminal) forfeiture proceeding. 
6. 
The defendant knowingly and voluntarily waives her right to any 
. required notice concerning the forfeiture of the monies and/or properties forfeited hereunder, 
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including notice set forth in an indictment or information. In addition, the defendant 
knowingly and voluntarily waives her right, if any, to a jury trial on the forfeiture of said 
monies and/or properties, and waives all constitutional, legal and equitable defenses to the 
forfeiture of said monies and/or properties, including, but not limited to, any defenses based 
on principles of double jeopardy, the Ex Post Facto clause of the Constitution, any applicabl 
statute of limitations, venue, or any defense under the Eighth Amendment, including a claim 
of excessive fines. 
7. 
The entry and payment of the Forfeiture Money Judgment is not to be 
considered a payment of a fine, penalty, restitution loss amount or a payment of any income 
taxes that may be due, and shall survive bankruptcy. 
8. 
Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B), this Order shall 
become final as to the defendant at the time of sentencing and shall be made part of the 
sentence and included in the judgment of conviction. This Order shall become the Final 
Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2). At that time, the monies 
and/or properties paid toward the Forfeiture Money Judgment shall be forfeited to the Unite 
States for disposition in accordance with the law. 
9. 
This Order shall be binding upon the defendant and the successors, 
administrators, heirs, assigns and transferees of the defendant, and shall survive the 
bankruptcy of any of them. 
Case 1:21-cr-00477-FB     Document 21     Filed 11/22/22     Page 3 of 4 PageID #: 153

/s/ FREDERIC BLOCK
10. 
This Order shall be final and binding only upon the Court's "so 
ordering" of the Order. 
11. 
The Court shall retain jurisdiction over this action to enforce 
compliance with the terms of this Order and to amend it as necessary, pursuant to Fed. R. 
Crim. P. 32.2(e). 
12. 
The Clerk of the Court is directed to send, by inter-office mail, two (2) . 
certified copies of this executed Order to the United States Attorney's Office, Eastern 
District ofNew York, Attn: FSA Law Clerk Jenny Hui, 271-A Cadman Plaza East, 
Brooklyn, New York 11201. 
Dated: ~klyn, New York 
----==-4-'-1---,Y.-=----· i.-1 __._'1 __ 
~• 202/;Y' 
SOORD~RED: 
I'\ / 
/J 
" 
ORABLE F 
DERIC BLOCK 
UNITED STAT S DISTRICT JUDGE 
EASTERN DISTRICT OF NEW YORK 
Case 1:21-cr-00477-FB     Document 21     Filed 11/22/22     Page 4 of 4 PageID #: 154

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