Consent judgment and order of forfeiture (money judgment, $227,330), United States v. Barjona, D.N.J. No. 1:23-cr-00546, Doc. 8 (July 10, 2023)

Summary

A Consent Judgment and Order of Forfeiture (Money Judgment) in United States v. Yasha Barjona, a/k/a Rahni Song, Crim. No. 23-546-KMW. It was filed in the U.S. District Court for the District of New Jersey on July 10, 2023 as Document 8. It bears the name of Honorable Karen M. Williams, United States District Judge. It recites that on or about July 10, 2023 the defendant pleaded guilty, under a plea agreement, to an Information charging conspiracy to commit bank fraud, contrary to 18 U.S.C. § 1344, in violation of 18 U.S.C. § 1349. The defendant consents to a criminal forfeiture money judgment under 18 U.S.C. § 982(a)(2) and 21 U.S.C. § 853(p), waives notice requirements and agrees that the forfeiture is not an excessive fine. The order directs the Clerk of the Court to enter a money judgment against the defendant and in favor of the United States.

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Case 1:23-cr-00546-KMW Document8_ Filed 07/10/23 Page 1 of 5 PagelD: 36

2023R00440/DF/JMR/SD/ms

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA : Hon. Karen-M. Williams, U.S.D.J.
Vv, : Crim. No. 23-546-KMW
YASHA BARJONA, : CONSENT JUDGMENT AND
a/k/a “Rahni Song” ORDER OF FORFEITURE
Defendant. : (MONEY JUDGMENT)

WHEREAS, on or about July 10, 2023, defendant Yasha: Barjona (the
“Defendant”) pleaded guilty, pursuant to a plea agreement with the United
States, to onercount Information (the “Information”), which charged him with
conspiracy to commit bank fraud, contrary to 18 U.S.C. § 1344, in violation of
18 U.S.C. § 1349;

WHEREAS, the Defendant shall forfeit, pursuant to 18 U.S.C. § 982(a)(2),
any property, real or personal, constituting, or derived from, proceeds the
Defendant obtained directly or indirectly as a result of the offense charged in the
Information;

WHEREAS, the property subject to forfeiture by the Defendant includes a
sum of money equal to $227,330 in United States currency, representing
property, real or personal, that constitutes or is derived from proceeds the
Defendant obtained traceable to the offense charged in the Information;

WHEREAS, in the plea agréement, the Defendarit consented to the
imposition of a criminal forfeiture money judgment, which the Defendant agrees

to be in the amount of $22'7,330;
Case 1:23-cr-00546-KMW Document8- Filed 07/10/23 Page 2 of 5 PagelD: 37

WHEREAS, Rule 32,2(c}(1) of the Federal Rules of Criminal Procedure
provides that no aricillary proceeding is required to the extent that the forfeiture
consists of a money judgment;

WHEREAS, defendant Yasha Barjona:

(1) Consents to forfeit to the Unitéd States $237,330 in United
States currency as a sum of money tépresefiting property, real or personal, that
constitutes or is derived from procéeds the Defendant obtained traceable to the
offense in violation of 18 U.S.C, §:1349, as charged.in thé Information, to which
he has pleaded guilty;

(2) Consents to the imposition of a money judgment in the
amount of $227,330 (the “Money Judgment”), pursuant to 18 U.S.C. § 982(a)(2),
21 U.S.C. § 853(p), and Federal Rule of Criminal Procedure 32,2(b);

(3) Agrees te consent promptly upon request to the entry of any
orders deemed necessary by the Government or the Court to complete the
forfeiture and disposition of property forfeited to satisfy the Money Judgment;

(4) Acknowledges that one or. more of the conditions set forth in
21 U.S.C. § 833(p) exists, and that the United States is therefore entitled to forfeit
substitute assets in an amount not to exceed $227,330;

(5) Agrees promptly to pay the Money Judgment in full;

(6) Waives the requirements of Federal Rules of Criminal

Procedure 32,2 and 43(a) regarding notice of forfeiture in the charging
Case 1:23-cr-00546-KMW Document8- Filed 07/10/23 Page 3 of 5 PagelD: 38

instrument, annouricement of the forfeiture in his presence at sentencirig, and
incorporatiqn of the forfeiture in the Judgment of Conviction;

(7) Acknowledges that he understands that forfeiture of property
will be part of the.sentente imposed upon him in this case and waives any failure
by the Court to advise him of this, pursuant to Federal Rule of Criminal
Procedure 11(b)(1){J), during the plea hearing;

(8) Waives, and agrees to hold the United States and its agents
and employees:-harmlegs from, any and all claims whatsoéver in connection with
the seizure, forfeiture, and disposal of the property described above; and

(9) Agrees that the forfeiture does not constitute-an éxcessive fine
or violate the Eighth Amendment.

WHEREAS, good and sufficient cause having been shown, it is hereby
ORDERED, ADJUDGED, AND DECREED:

THAT, as a result of the offense of conspiracy to commit bank fraud as
charged in the Information, to which the Defendant has pleaded guilty, the
Defendant shall forfeit to the United States the sum of $227,330.

IT IS FURTHER ORDERED that a money judgment in the amount of
$227,330 (the “Money Judgment”) is hereby entered against the Defendant and
in favor of the United States, pursuant to 18 U.S.C. § 982{a)(2), 21 U.S.C. §
853(p), and Federal Rule of Criminal Procedure 32.2(b).

IT IS FURTHER ORDERED that the Defendant: having given his consent

pursuant to-Federal Rule of Criminal Procedure Rule 32.2(b)(4)(A), upon entry of

3
Case 1:23-cr-00546-KMW Document8 Filed 07/10/23 Page 4 of 5 PagelD: 39

this Consent: Judgment and Order of Forfeiture, fhis Order is final as to the
Defendant, shall be deemed part of his sentence, and shall be included ‘in the
judgment of conviction therewith.

IT IS FURTHER ORDERED that all payments on the Money Judgment
shail be made by (i) electronic funds transfer, as:directed by the United States
Attorney’s Office; or (ii) postal money order, bank or certified check, made
payable, in‘this instance to the United States Marshal Service (or its designee),
and delivered by tnail to the United States Attorney’s Office, District of New
Jersey, Attn: Asset Forfeiture and Money Laundering Unit, 970 Broad Street, 7th
Floor, Newark, New Jerséy 07102, and shall indicate the deféndant’s name and
case number on the face of the check.

IT IS FURTHER ORDERED that, until the Defendant is sentenced, the
United States Marshals Service shall deposit all payments on. the Money
Judgment-in its Seized Assets Deposit Account. After the Defendant is sentenced
and the Judgment is entered on the docket, all payments on the Money
Judgment-shall be forfeited to the United States of America as substitute assets,
pursuant to 21 U.S.C, § 853{p), and shall be deposited in the Assets Forfeiture
Fund.

IT IS FURTHER ORDERED that, pursuant to Rule 32.2(b}(3) of the Federal
Rules of Criminal Procedure, upon entry of this Order, the United States
Attorney’s Office is authorized to coriduct any discovery needed to identify,

locate, or dispase of property to satisfy the Money Judgmient, including

4
Case 1:23-cr-00546-KMW Document8- Filed 07/10/23 Page 5 of 5 PagelD: 40

depositions, interrogatories, requests for production of documents and the
issuance of subpoenas,

IT IS FURTHER ORDERED that the Clerk of the Court is directed to enter
a money judgment-against the Defendant and in favor of the United States in the
amount of $227,330.

IT IS FURTHER ‘ORDERED that this Court shall retain jurisdiction to
enforce this Order, and to amend it as necessary, pursuant to Rule 32.2(e) of the

Federal Rulés of Criminal Procedure.

ORDERED this [o' h- day of pe , 2023.

HONORABLE KAREN M. WILLIAMS
United States District Judge

The undersigned hereby consent to
the entry and form of this order:

PHILIP R. SELLINGER
United States Attorn

QA f 7 Dated: June 15, 2023

By: DANIEL A. FRIEDMAN
JASON’M. RICHARDSON
Assistant United Stdted\ttofheys

JOSEPH SICILIANO; ESQ. \ \
Attgrney Jor Defendant Yasha Barjo

YASHA BARJONA, Defexfdant


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