Consent Order of Forfeiture — United States v. Juan Carlos Castro Gonzalez (No. 1:22-cr-00210, S.D.N.Y.)

Summary

A Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment in United States v. Juan Carlos Castro Gonzalez, 22 Cr. 210 (PAE), in the United States District Court for the Southern District of New York. It recites that on or about April 6, 2022 the defendant was charged in a one-count Information with conspiracy to commit wire fraud under Title 18, United States Code, Section 1349 and pled guilty to Count One under a plea agreement. The defendant consents to a Money Judgment of $574,202.01 and to forfeiture of $7,960.00 in U.S. currency seized on or about November 30, 2021, and the United States may seek substitute assets up to the uncollected amount. Assistant United States Attorneys Danielle M. Kudla and Olga I. Zverovich and defense counsel John L. Russo appear on the agreement, dated 09/06/2022.

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    Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 1 of 9




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

                                                      CONSENT ORDER OF
UNITED STATES OF AMERICA                              FORFEITURE AS TO SPECIFIC
                                                      PROPERTY/
                - v. -                                MONEY JUDGMENT

JUAN CARLOS CASTRO GONZALEZ,                          22 Cr. 210 (PAE)

                            Defendant.

                                               X


                WHEREAS, on or about April 6, 2022, JUAN CARLOS CASTRO

GONZALEZ         (the      "Defendant"),     was      charged     in        a   one-count

Information, 22 Cr. 210 (PAE)              (the "Information"), with conspiracy

to commit wire fraud, in violation of Title 18, United States Code,

Section 1349 (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

461(c),        of   any    and   all    property,     real     and    personal,       that

constitutes or is derived from proceeds traceable to 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 April 6, 2022, the Defendant pled

guilty     to    Count      One   of the    Information,      pursuant to          a   plea
       Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 2 of 9




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 246l(c):          (i) a sum of money equal to $574,202.01 in

United States currency, representing proceeds traceable to the

commission of the offense charged in Count One of the Information

that the Defendant personally obtained (the "Money Judgment"); and

(ii)    all right,    title,     and interest     of   the defendant       in   the

following specific property:             $7,960.00 in U.S.        currency seized

from the Defendant's residence at the time of his arrest on or

about     November       30,    2021,      representing    personal      property

consti tu ting, derived from,           or traceable to the gross proceeds

that the defendant obtained directly or indirectly as a result of

he said offense (the "Specific Property");

            WHEREAS, the Defendant consents to the entry of a Money

Judgment in the amount of $574,202.01 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;

WHEREAS,     t
             h e     defendant       further    consents    to      the forfeiture

                of all his righ t, title, and interest in the Specific
       Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 3 of 9




Property, which constitutes proceeds of the offense charged in

Count One of the Information;

            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, with the exception of the Specific Property; and

            WHEREAS,    pursuant   to    Title 21,    United   States   Code,

Section 853(g), and Rules 32.2{b) (3), and 32.2(b) (6) of the Federal

Rules of    Criminal     Procedure,     the Government is now entitled,

pending any assertion of third-party claims, to reduce the Specific

Property to its possession and to notify any and all persons who

reasonably appear to be a potential claimant of their interest

herein;

            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,       Danielle M.

Kudla and Olga I. Zverovich, of counsel, and the Defendant, and

his counsel, John L. Russo, Esq., that:

            1.    As a result of the o ffense charged in Count One of

the Information,       to which the Defendant pled guilty,          a Money

Judgment in the amount of $574,202.01 in United States currency

(the    "Money   Judgment") ,   represent.ing   the   amount   of   proceeds
      Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 4 of 9




traceable      to     the     offense    charged    in     Count    One     of    the

Information that        the      Defendant   personally    obtained,      shall    be

entered against the Defendant.

              2.     As a result of the offense charged in Count One of

the Information, to which the defendant pled guilty, all of the

defendant's right, title and interest in the Specific Property is

hereby forfeited to the United States for disposition in accordance

with the law, subject to the provisions of Title 21, United States

Code, Section 853.

              3.      Pursuant to Rule 32.2(b) (4) of the Federal Rules of

Criminal Procedure, this Consent Preliminary Order of Forfeiture

as   to   Specific      Property/Money       Judgment     is   final   as   to    the

-Defendant,        JUAN CARLOS CASTRO GONZALEZ; and shall be deemed part

of the sentence of the Defendant, and shall be included in the

judgment of conviction therewith.

              4.     All payments on the outstanding Money                  Judgment

shall be made by postal money order, bank or certified check, made

ayable, 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,

New York, New York 10007 and shall indicate the Defendant's name

and case number.
        Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 5 of 9




             5.       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.
             ·6       Upon entry of this Consent Preliminary Order of·
               .

Forfeiture as to Specific Property/Money Judgment,                         the United

States (or its designee) is hereby authorized to take possession

of the Specific Property and to hold such property in its secure

custody and control.

              7.         Pursuant to Title 21, United States Code, Section

853(n)(l),         Rule    32.2(b)(6)     of    the    Federal   Rules of        Criminal

Procedure,         and    Rules   G (4) (a) (iv) (C)     and •G(5) (a) (ii)      of     the

Supplemental Rules for Certain Admiralty and Maritime Claims and

Asset Forfeiture Actions, the United States is permitted to publish

:forfeiture         notices·-     on      the     government          internet        site,

www.forfeiture.gov.           This site incorporates the forfeiture notices

that have been traditionally published in newspapers. The United

States forthwith shall publish the internet ad for at least thirty

(30) consecutive days.                 Any person,     other than the Defendant,

claiming interest in the Specific Property must file a Petition

within sixty (60) days from the first day of publication of the

Notice on this official government internet web site, or no later
      Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 6 of 9




than thirty-five      (35)   days from the mailing of actual notice,

whichever is earlier.

           8.    The published notice of forfeiture shall state that

the petition (i) shall be for a hearing to adjudicate the validity

of the petitioner's alleged interest in the Specific ·.Property,

(ii) shall be signed by the petitioner under penalty of perjury,

and (iii) shall set forth the nature and extent of the petitioner's

right, title or interest in the Specific Property, the time and

circumstances of the petitioner's acquisition of the right, title

and   interest   in the      Specific   Property,   any   additional   facts

supporting the petitioner's claim, and the relief sought, pursuant

to Title 21, United States Code, Section 853(n).

           9.      Pursuant to 32.2 (b) (6) (A), of the Federal Rules of

Criminal Procedure, the Government shall send notice to any person

who reasonably appears to be a potential claimant with standing to

contest the forfeiture in the ancillary proceeding.

           10.     Upon adjudication of all third-party interests,

this Court will enter a Final Order of Forfeiture with respect to

the Specific Property pursuant to Title 21, United States Code,

Section 853 (n),    in which all interests will be addressed.           All

Specific Property forfeited to the United States under a Final

Order of Forfeiture shall be applied towards the satisfaction of

the Money Judgment.
     Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 7 of 9




            11.   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.

            12.   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.

            13.   The Court shall retain jurisdiction to enforce this

Consent     Preliminary    Order    of   Forfeiture     as    to     Specific

Property/Money Judgment, and to amend it as necessary, pursuant to

Rule 32.2 of the Federal Rules of Criminal.Procedure.




                  [THIS SPACE LEFT INTENTIONALLY BLANK]
      Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 8 of 9




            14.   The signature page of      this Consent   Preliminary

Order of Forfeiture as to Specific Property/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

.::,ame instrument.


AGREED AND CONSENTED TO:

DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York


By:         Isl                                   09/06/2022
      Danielle M. Kudla                           DATE
      Olga I. Zverovich
      Assistant United States Attorney
      One St. Andrew's Plaza
      New York, NY 10007
      (212)637-2304 / 2514



y,      
      Ju NCARLoSCASTRO GONZALEZ
                                       fu.


        torney for Defendant
      J.L. RUSSO, P.C.
      3119 Newtown Ave.
      Queens, NY 11102



SO ORDERED:



HONORABLL  ,ENG:t!::v
 Case 1:22-cr-00210-PAE Document 27 Filed 01/03/23 Page 9 of 9




UNIT   ED   S TAT   ES   DISTR       C T   J       D
                                 I             U       GE


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