Consent Preliminary Order of Forfeiture/Money Judgment — United States v. Moshe Rosenfeld (September 6, 2024)

Summary

A Consent Preliminary Order of Forfeiture/Money Judgment in United States v. Moshe Rosenfeld, 23 Cr. 65 (CM), in the U.S. District Court for the Southern District of New York, Document 91, filed September 6, 2024. The order recites that on or about November 9, 2022 the defendant was charged in an Indictment with conspiracy to commit bank fraud and wire fraud under Title 18, United States Code, Section 1349 (Count One) and conspiracy to make false statements to banks and the SBA under Title 18, United States Code, Section 371 (Count Two). It states that on or about February 20, 2024 the defendant pled guilty to Count One and consents to a money judgment of $310,000 in United States currency. It provides for payment to the United States Marshals Service and authorizes the government to seek substitute assets.

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        Case 1:23-cr-00065-CM                      Document 91           Filed 09/06/24      Page 1 of 4

                                                                               I

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                                                                                DOCTJMENT
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
                                                                         CONSENT PRELIMINARY ORDER
                    - V. -                                               OF FORFEITURE/
                                                                         MONEY JUDGMENT
MOSHE ROSENFELD,
                                                                         Sl 23 Cr. 65 (CM)
                             Defendant.

- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -   X


                    WHEREAS, on or about November 9, 2022 MOSHE ROSENFELD (the

"Defendant"), among others, was charged in an Indictment, S 1 23 Cr. 65 (CM) (the "Indictment"),

with conspiracy to commit bank fraud and wire fraud, in violation of Title 18, United States Code,

Section 1349 (Count One); and conspiracy to make false statements to banks and the SBA in

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

                    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 982(a)(2)(A), of any and all property constituting, or derived from proceeds the

Defendant obtained directly or indirectly, as a result of 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 commission of the offenses

charged in Counts One and Two of the Indictment;

                    WHEREAS, on or about February 20, 2024, the Defendant pied guilty to Count

One of the Indictment, pursuant to a plea agreement with the Government, wherein the Defendant

admitted the forfeiture allegation with respect to Count One of the Indictment and agreed to forfeit

to the United States, pursuant to Title 18, United States Code, Section 982(a)(2)(A), a sum of
            Case 1:23-cr-00065-CM          Document 91        Filed 09/06/24       Page 2 of 4
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    money equal to $310,000 in United States currency, representing the amount of proceeds traceable

    to the commission of the offense charged in Count One of the Indictment;

                   WHEREAS, the Defendant consents to the entry of a money judgment in the

    amount of $310,000 in United States currency representing the amount of proceeds traceable to

    the offense charged in Count One 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 offense charged in Count One of the Indictment 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

    Attorney Emi ly Deininger, of counsel, and the Defendant and his counsel, Sarah Krissoff Esq. ,

    that:

                   1.     As a result of the offense charged in Count One of the Indictment to which

    the Defendant pled guilty, a money judgment in the amount of $310,000 in United States currency

    (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in

    Count One 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, MOSHE

    ROSENFELD, 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
       Case 1:23-cr-00065-CM             Document 91        Filed 09/06/24       Page 3 of 4




Service, and delivered by mail to the United States Attorney's Office, Southern District of New

York, Attn: Illicit Finance and Money Laundering Unit, 26 Federal Plaza, New York, New York

10278 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.




                    [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
       Case 1:23-cr-00065-CM           Document 91        Filed 09/06/24       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:                        O

       Emily Deiningir                  ~
       Assistant United States Attorneys
       26 Federal Plaza
       New York, NY 10278
       (212) 637-2472


MOSHE ROSENFELD


By:       ~
       MOSHE ROSENFELD
                                                                     Cflr/~
                                                                    DATE



By:
       Sarah Krissoff, Esq.
       Attorney for Defendant
       Cozen O' Connor
       3 WTC, 175Greenwich St, 55th Floor
       New York, NY 10007




HONORABLE COLLEEN MCMAHON
                                                                     9 fr
                                                                    DATE
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                                                                         2>j ljD /> f'V\
UNITED STATES DISTRICT JUDGE


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