Consent Order and Judgment of Forfeiture — United States v. Evan Agustin Perez (Dkt. 10, W.D.N.C.)

Summary

A Consent Order and Judgment of Forfeiture in United States v. Evan Agustin Perez, Docket No. 3:23-cr-00194, filed September 27, 2023 as Document 10 in the Charlotte Division of the Western District (W.D.N.C.). Based upon the defendant's plea of guilty, the order forfeits property to the United States under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), subject to third-party petitions under 21 U.S.C. § 853(n). The property is a forfeiture money judgment in the amount of $615,079.82, described as proceeds traceable to the offense to which the defendant pled guilty. The defendant stipulates that the Government may satisfy the money judgment by forfeiture of proceeds or substitute property, and waives notice requirements under Fed. R. Crim. P. 32.2 and 43(a).

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FILED
Charlotte, NC

SEP 27 2023

IN THE UNITED STATES DISTRICT courT Clerk, US District Court
FOR THE WESTERN DISTRICT OF NORTH CAROLINWestern District NC
CHARLOTTE DIVISION
DOCKET NO.: 3:23-cr-00194

UNITED STATES OF AMERICA, )
) CONSENT ORDER AND
v. ) JUDGMENT OF FORFEITURE
) PENDING RULE 32.2(c)(2)
EVAN AGUSTIN PEREZ )

BASED UPON the Defendant’s plea of guilty and finding that there is a nexus between
the property listed below and the offense(s) to which the Defendant has pled guilty and that the
Defendant (or any combination of Defendants in this case) has or had a possessory interest or other
legal interest in the property, IT IS HEREBY ORDERED THAT:

1, The following property is forfeited to the United States pursuant to 18 U.S.C. 18
U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), provided, however, that forfeiture of specific assets
is subject to any and all third-party petitions under 21 U.S.C. § 853(n), pending final adjudication
herein:

A forfeiture money judgment in the amount of $615,079.82, such amount constituting
the proceeds traceable to the offense to which Defendant pled guilty. Defendant
stipulates that the Government may satisfy the money judgment via forfeiture of
proceeds as defined in 18 U.S.C. § 981 and/or substitute property as defined in 21
U.S.C. § 853(p). For purposes of forfeiture under Section 853(p), Defendant
stipulates that, as a result of acts or omissions of Defendant, one or more provisions
of Section 853(p)(1)(A)-(E) are satisfied; and

2, If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C. § 853(n),
and/or other applicable law, the United States shall publish notice and provide direct written notice
of forfeiture.

3. Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States
Attorney’s Office is authorized to conduct any discovery needed to identify, locate, or dispose of
the property, including depositions, interrogatories, and requests for production of documents, and
to issue subpoenas pursuant to Fed. R. Civ. P. 45.

4, A forfeiture money judgment shall be included in the defendant’s sentence, and the
United States may take steps to collect the judgment from any property of the defendant, provided,
the value of any forfeited specific assets shall be credited toward satisfaction of this money

judgment upon liquidation.

The parties stipulate and agree that the aforementioned asset(s) constitute property derived
from or traceable to proceeds of defendant’s crime(s) herein, and are therefore subject to forfeiture

Case 3:23-cr-00194-FDW-SCR Document 10 Filed 09/27/23 Page 1 of 2
pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 21 U.S.C. § 853(p), and 28 U.S.C. § 2461(c). The
defendant hereby waives the requirements of Fed. R. Crim. P. 32.2 and 43(a) regarding notice of
the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment against defendant. If the defendant has previously
submitted a claim in response to an administrative forfeiture proceeding regarding any of this
property, defendant hereby withdraws that claim. If defendant has not previously submitted such
a claim, defendant hereby waives all right to do so.

DENAJ.KING _,

ERIC A. FRICK EVAN AGUSTIN PEREZ
Special Assistant United States Attorney Defendant

DANIEL S: RYAN J S J. BXUM, ESQ.
Assistant United States Attorney Attorney for Defendant

Signed this the +7 day of September, 2023.

HE HONORABLE SUSAN C. RODRIGNEZ
UNITED STATES MAGISTRATE JUDGE

Case 3:23-cr-00194-FDW-SCR Document 10 Filed 09/27/23 Page 2 of 2


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