Consent Order of Forfeiture — United States v. George Mensah, Jr. (No. 1:23-cr-00168, E.D. Va.)

Summary

A Consent Order of Forfeiture in United States of America v. George Mensah, Jr., Criminal No. 1:23cr 168, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, filed November 1, 2023 as Document 10. Based on the plea agreement, it forfeits under 18 U.S.C. § 982(a)(2)(A) a monetary judgment of $264,309.00, representing the proceeds from Count 1, together with $82,000.00 in U.S. Currency and a Cuban bracelet seized on March 3, 2022. The order is final as to the defendant but preliminary as to third parties, who may petition within thirty days of notice under 21 U.S.C. § 853(n). The consent block names the defendant, counsel David B. Smith and the prosecutors, and the order is dated at Alexandria, Virginia.

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Case 1:23-cr-00168-RDA Documenti10- Filed 11/01/23 Page 1 of 4 PagelD# 51

su FILED
pe! OPEN COURT

IN THE UNITED STATES DISTRICT ¢
FOR THE EASTERN DISTRICT OF VI
Alexandria Division

UNITED STATES OF AMERICA
v. Criminal No. 1:23cr 168
GEORGE MENSAH, Jr.,

Defendant.

CONSENT ORDER OF FORFEITURE

BASED UPON the plea agreement into which the defendant and the United States have
entered, and finding the requisite nexus between the property listed below and the offense to
which the defendant has pleaded guilty, IT IS HEREBY ORDERED THAT:

L. The following property is forfeited to the United States pursuant 18 U.S.C. §
982(a)(2)(A):

a. Asum of money in the amount $264,309.00, which represents
the proceeds the defendant obtained as a result of the violation
in Count 1 of the information and which sum shall constitute a
monetary judgment against the defendant in favor of the
United States. This is a sum for which the defendant shall be
solely liable. Further, this sum shall be partially offset by the
government’s net from the forfeiture of the assets listed just
below in paragraphs 1.b. and 1.c. of this order;

b. $82,000.00 in U.S. Currency seized by law enforcement on March 3,

2022;
c. A Cuban bracelet that was seized by law enforcement on March 3,
2022.
2. The United States shall seize all forfeited property and shall take full and

exclusive custody and control of same, regardless of whether presently held by the defendant or a

third party. The United States is further authorized to conduct any discovery proper in
Case 1:23-cr-00168-RDA Document10 Filed 11/01/23 Page 2 of 4 PagelD# 52

identifying, locating, or disposing of the forfeited property, pursuant to Fed. R. Crim. P.
32.2(b)(3).

3. This forfeiture order is final as to the defendant, pursuant to Fed. R. Crim. P.
32.2(b)(4)(A), but preliminary as to third parties who may have a legal interest in a specific
property.

4, The United States shall, to the extent practicable, provide direct written notice to
any persons known to have alleged an interest in the property, and shall publish notice of the
order in accordance with Fed. R. Crim. P. 32.2(b)(6).

5. Any person, other than the defendant, asserting any legal interest in the property
may, within thirty days of the final publication of notice or receipt of direct written notice,
whichever is earlier, petition the Court for a hearing to adjudicate the validity of an alleged
interest in the property, pursuant to 21 U.S.C. § 853(n) and Fed. R. Crim. P. 32.2(c)(1).

6. Following the Court’s disposition of all timely petitions filed, a final order of
forfeiture shall be entered. If no third party files a timely petition, this order shall become the
final order of forfeiture, as provided by Federal Rule of Criminal Procedure 32.2(c)(2), and the
United States shall have clear title to the property, pursuant to 21 U.S.C. § 853(n)(7) and Fed. R.
Crim. P. 32.2(c)(2), and shall dispose of the property in accordance with law.

7. As to the monetary judgment set forth in paragraph 1 above, the defendant
stipulates and the Court finds that the requirements of 21 U.S.C. § 853(p) have been satisfied and
that the government may, by motion filed pursuant to Fed. R. Crim. P. 32.2(e), collect on its

monetary judgment by all available means, including but not limited to the forfeiture of directly

forfeitable and substitute assets.
Case 1:23-cr-00168-RDA Document10_ Filed 11/01/23 Page 4 of 4 PagelD# 54

The parties stipulate and agree that the aforementioned assets represent property
described in 18 U.S.C. § 982(a)(2)(A) and, as such, are subject to forfeiture thereunder. The
defendant hereby waives the requirements of Federal Rules of Criminal Procedure 11(b)(1)(J),
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, and consents to
the entry of this order. The defendant further stipulates that the requirements of 21 U.S.C. §
853(p) have been satisfied. The defendant agrees not to file or interpose any claim to the
property listed herein, in whole or in part, in any proceedings or manner whatsoever.

JESSICA D. ABER SEEN AND AGREED TO:
UNITED STATES ATTORNEY

KathIéen E. Robeson eorge Mensah, Jr.
Kimberly M. Shartar Defendant
Assistant United States Attorneys

Ezra Spiro

Special Assistant United States Attorney 1) ) Sw,

David B. Smith
Counsel for Defendant


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