Consent Preliminary Order of Forfeiture/Money Judgment — United States v. Zvi Zigelman

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A Consent Preliminary Order of Forfeiture/Money Judgment in United States v. Zvi Zigelman, 23 Cr. 065 (CM), in the U.S. District Court for the Southern District of New York, Document 78, filed February 27, 2024. The order recites that the defendant was charged in an Information on or about February 6, 2023 with conspiracy to commit bank fraud under Title 18, United States Code, Section 371, and pled guilty to Count One under a plea agreement. The defendant consents to a money judgment of $1,033,700 in United States currency, representing proceeds that the order says were personally obtained. It provides for payment to the United States Marshals Service and authorizes the government to seek forfeiture of substitute assets up to the uncollected amount.

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Case 1:23-cr-00065-CM Document 78 Filed 02/27/24 Page 1of4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

es xX
UNITED STATES OF AMERICA
: CONSENT PRELIMINARY ORDER
-V.- OF FORFEITURE/
: MONEY JUDGMENT
ZVI ZIGELMAN,
a/k/a “Aron Zigelman,” : 23 Cr. 065 (CM)
Defendant. :
ee xX

WHEREAS, on or about February 6, 2023, ZVI ZIGELMAN, a/k/a “Aron
Zigelman,” (the “Defendant”), was charged in an Information, 23 Cr. 065 (CM) (the
Information’), with conspiracy to commit bank fraud, in violation of Title 18, United States Code,
Section 371 (Count One);

WHEREAS, the Information included a forfeiture allegation as to Count One of the
Information, 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
constituting, or derived from, proceeds the Defendant obtained directly or indirectly, as a result of
the commission of the offense charged in Count One of the Information, including but not limited
to a sum of money in United States currency representing the amount of proceeds traceable to the
commission of the offense charged in Count One of the Information;

WHEREAS, on or about February 6, 2023, the Defendant pled guilty to Count One
of the Information, pursuant to a plea agreement with the Government, wherein the Defendant
admitted the forfeiture allegation with respect to Count One of the Information 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 in United States currency representing

proceeds traceable to the commission of the offense charged in Count One of the Information;
Case 1:23-cr-00065-CM Document 78 Filed 02/27/24 Page 2 of 4

WHEREAS, the Defendant consents to the entry of a money judgment in the
amount of $1,033,700 in United States currency, representing the amount of proceeds traceable to
the offense charged in Count One of the Information 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 offense charged in Count One of the Information that the
Defendant personally obtained cannot be located upon the exercise of due diligence.

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
Attorneys, Emily Deininger of counsel, and the Defendant, and his counsel, Gedalia Stern, Esq.,
that:

I. As aresult of the offense charged in Count One of the Information, to which
the Defendant pled guilty, a money judgment in the amount of $1,033,700 in United States
currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense
charged in Count One of the Information 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, ZVI
ZIGELMAN, 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
Case 1:23-cr-00065-CM Document 78 Filed 02/27/24 Page 3 of 4

York, Attn: JIlicit Finance and Money Laundering Unit, One St. Andrew’s Plaza, 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 into 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.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Case 1:23-cr-00065-CM Document 78 Filed 02/27/24 Page 4 of 4

8. 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: th VAL 2 / 2 2/Ly

EMILY DEININGER DATE
Assistant United States Attorneys

One St. Andrew’s Plaza

New York, NY 10007

(212) 637-2472

ZVI ZIGELMAN
ZN ZIGELMAN — DATE
GEDALTA STERN, ESQ. DATE

Attorney for Defendant
1120 6 Avenue, 4 Floor
New York, NY 10036

HONORABLE COLLEEN MCMAHON DATE

UNITED STATES DISTRICT JUDGE 2 Z FD


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