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Consent Order of Forfeiture/Money Judgment — Elvin German, 21 Cr. 245 (ER) (Dkt. 57, S.D.N.Y.)

Summary

Elvin German was charged on or about April 13, 2021 in a three-count Indictment, 21 Cr. 245 (ER), in the Southern District of New York, with conspiracy to commit wire fraud, conspiracy to commit theft of government funds and aggravated identity theft. On or about October 28, 2021, German pled guilty to Counts One and Two under a plea agreement and agreed to forfeit $1,483,622, the proceeds traceable to those offenses that German personally obtained. In this consent order, filed 05/11/22, German consents to a money judgment in that amount and admits the proceeds cannot be located upon the exercise of due diligence. The order authorizes the United States to seek substitute assets up to the uncollected amount, and payments go to the United States Marshals Service. Assistant United States Attorney Danielle M. Kudla signed on 04/26/2022, with a so-ordered line for Judge Edgardo Ramos.

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Case 1:21-cr-00245-ER Document 57 Filed 05/11/22 Page1of6

USDC SDNY

DOCUMENT
UNITED STATES DISTRICT COURT ELECTRONICALLY FILED
SOUTHERN DISTRICT OF NEW YORK ‘DOC# __. ;

UNITED STATES OF AMERICA
: CONSENT ORDER OF
-~ Vv. - FORFEITURE/
: MONEY JUDGMENT

ELVIN GERMAN,
21 Cr. 245 (ER)
Defendant.

WHEREAS, on or about April 13, 2021, ELVIN GERMAN (the
“Defendant”), was charged in a three-count Indictment, 21 Cr. 245
(ER) (the “Indictment”), with conspiracy to commit wire fraud, in
violation of Title 18, United States Code, Section 1349 (Count
One), conspiracy to commit theft of government funds, in violation
of Title 18, United States Code, Section 371 (Count Two), and
aggravated identity theft, in violation of Title 18, United States
Code, Section 1028A (Count Three);

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 981(a)(1)(C), and Title 28, United States Code, Section
246l1(c), of any and all property, real and personal, that
constitutes or is derived from proceeds traceable to 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
Case 1:21-cr-00245-ER Document 57 Filed 05/11/22 Page 2 of 6

commission of the offenses charged in Counts One and Two of the
Indictment;

WHEREAS, on or about October 28, 2021, the Defendant
pled guilty to Counts One and Two of the Indictment, pursuant to
a plea agreement with the Government, wherein the Defendant
admitted the forfeiture allegation with respect to Counts One and
Two of the Indictment, 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 equal
to $1,483,622 in United States currency, representing proceeds
traceable to the commission of the offenses charged in Counts One
and Two of the Indictment that the Defendant personally obtained
(the “Money Judgment”) ;

WHEREAS, the Defendant consents to the entry of a Money
Judgment in the amount of $1,483,622 in United States currency
representing the amount of proceeds traceable to the offenses
charged in Counts One and Two 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
offenses charged in Counts One and Two of the Indictment that the
Defendant personally obtained cannot be located upon the exercise

of due diligence.
Case 1:21-cr-00245-ER Document 57 Filed 05/11/22 Page 3 of 6

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, Danielle M.
Kudla of counsel, and the Defendant, and his counsel, Mark I.
Cohen, Esq., that:

1. As a result of the offenses charged in Counts One
and Two of the Indictment, to which the Defendant pled guilty, a
Money Judgment in the amount of $1,483,622 in United States
currency (the “Money Judgment”), representing the amount of
proceeds traceable to the offenses charged in Counts One and Two
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, ELVIN
GERMAN, 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 York, Attn: Money Laundering and

Transnational Criminal Enterprises Unit, One St. Andrew’s Plaza,
Case 1:21-cr-00245-ER Document 57 Filed 05/11/22 Page 4of6

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 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.

8. The Clerk of the Court shall forward three
certified copies of this Consent Preliminary Order of

Forfeiture/Money Judgment to Assistant United States Attorney
Case 1:21-cr-00245-ER Document 57 Filed 05/11/22 Page 5 of 6

Alexander J. Wilson, Co-Chief of the Money Laundering and

Transnational Criminal Enterprises Unit, United States Attorney’s

Office, One St. Andrew’s Plaza, New York, New York 10007.

[THIS SPACE LEFT INTENTIONALLY BLANK]
Case 1:21-cr-00245-ER Document 57 Filed 05/11/22 Page 6 of 6

9. 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:

By:

By:

/s/

Danielle M. Kudla

Assistant United States Attorney
One St. Andrew’s Plaza

New York, NY 10007

(212) 637-2304

04/26/2022

DATE

Attorney for Defendant
Cohen, Frankel & Ruggiero, LLP
20 Vesey Street, Suite 1200
New York, NY 10007

SO ORDERED:

Za

HONORABLE EDGARDO RAMOS
UNITED STATES DISTRICT JUDGE

DATE

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