[Proposed] Preliminary Order of Forfeiture — United States v. Ramiro Da Rosa Mendes (Document 43-1)

Summary

[Proposed] Preliminary Order of Forfeiture Pursuant to Plea Agreement as to defendant Ramiro Da Rosa Mendes, lodged January 19, 2023 as Document 43-1 in CR No. 2:22-00370-PA. Upon the government's application and his guilty plea to the single-count Information, the Court forfeits his interest in listed seized funds, including $3,381.03 and $13,413.60 from accounts in the name of Ramiro Mendes and smaller sums from accounts in the names of several limited liability companies. It makes the order final as part of his sentence and judgment and keeps jurisdiction to enforce it. The signature line for Judge Percy Anderson is blank.

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     Case 2:22-cr-00370-PA Document 43-1 Filed 01/19/23 Page 1 of 7 Page ID #:224




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8                         UNITED STATES DISTRICT COURT
9                    FOR THE CENTRAL DISTRICT OF CALIFORNIA
10                               WESTERN DIVISION
11   UNITED STATES OF AMERICA,            CR No. 2:22-00370-PA
12        Plaintiff,
                                          [PROPOSED] PRELIMINARY ORDER
13              v.                        OF FORFEITURE PURSUANT TO PLEA
                                          AGREEMENT
14   RAMIRO DA ROSA MENDES,
15                                        No hearing requested
          Defendant.
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18        Upon consideration of the application of Plaintiff, United
19   States of America, for a preliminary order of forfeiture
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     pursuant to the guilty plea to the single-count Information
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     entered into by defendant RAMIRO DA ROSA MENDES and, good cause
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     appearing thereon, IT IS HEREBY ORDERED:
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     //
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     //
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     Case 2:22-cr-00370-PA Document 43-1 Filed 01/19/23 Page 2 of 7 Page ID #:225




1                            I. FORFEITABLE PROPERTY
2         For the reasons set out below, all right, title and
3    interest of defendant RAMIRO DA ROSA MENDES (“defendant”) in the
4    following described property (hereinafter, the “Forfeitable
5    Property”) is hereby forfeited to the United States.           The Court
6    finds that the government has established the requisite nexus
7    between the Forfeitable Property and the offense described in
8    Count of the single-count Information.        The Forfeitable Property
9    is more particularly described as:
10        i.      $3,381.03 seized from the Bank of America account
11                x8167 in the name of Ramiro Mendes;
12        ii.     $69.00 seized from the Bank of America account x1156
13                in the name of Ramiro Mendes Real Estate;
14        iii. $13,413.60 seized from the Wells Fargo account x2299
15                in the name of Ramiro Mendes;
16        iv.     $500 seized from the Wells Fargo account x1884 in the
17                name of Rodeo Drive Media LLC;
18        v.      $500 seized from the Wells Fargo account x1868 in the
19                name of Robertson Luxury Services LLC;
20        vi.     $500 seized from the Wells Fargo account x1892 in the
21                name of Global Music Services LLC;
22        vii. $500 seized from the Wells Fargo account x3691 in the
23                name of Altavista Film and Video Productions LLC;
24        viii.        $500 seized from the Wells Fargo account x3709 in
25                the name of Xinguar Holding Company LLC;
26        ix.     $120.02 seized from the J.P. Morgan Chase account
27                x7152 in the name of Almont Film Productions LLC;
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     Case 2:22-cr-00370-PA Document 43-1 Filed 01/19/23 Page 3 of 7 Page ID #:226




1         x.      $110.00 seized from the J.P. Morgan Chase account
2                 x5968 in the name of Rodeo Drive Enterprises LLC;
3         xi.     $240.00 seized from the J.P. Morgan Chase account
4                 x8715 in the name of MB Global Holdings LLC;
5         xii. $528.89 seized from the J.P. Morgan Chase account
6                 x6799 in the name of MB Realty Group LLC;
7         xiii.        $4,192.02 seized from the Sharon and Crescent
8                 account x0592 in the name of Ramiro Mendes;
9         xiv. $399.47 seized from the American Express account x2936
10                in the name of Ramiro Mendes;
11        xv.     $3,578.39 seized from the Santander account x6075 in
12                the name of Quantum World Enterprises LLC;
13        xvi. $2,000 seized from the Barclays account x2377 in the
14                name of Ramiro Mendes;
15        xvii.        $21,608.87 seized from the Interactive Brokers
16                account x6417 in the name of Ramiro Mendes LLC;
17        xviii.       $3,963.43 seized from the Lafayette Life
18                Insurance Company policy number x0613 in the name of
19                Ramiro Mendes;
20        xix. $4,067.10 seized from the Lafayette Life Insurance
21                Company policy number x2952 in the name of Ramiro
22                Mendes;
23        xx.     $7,991.54 seized from the Lafayette Life Insurance
24                Company policy number x0942 in the name of Joao
25                Mendes;
26        xxi. $10,248.83 seized from the Lafayette Life Insurance
27                Company policy number x3019 in the name of Joao
28                Mendes;

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     Case 2:22-cr-00370-PA Document 43-1 Filed 01/19/23 Page 4 of 7 Page ID #:227




1         xxii.        Approximately $896,359.77 liquidated pursuant to
2                 an interlocutory sale of cryptocurrency on October 8,
3                 2021, derived from all funds, except for $3,000,
4                 1.012488 ETH, 1.058169 LTC, 160.9976 XRP, 846.6308
5                 XLM, 261.3215 BAT, 215.4765 XRP, 0.554913 LINK,
6                 517.3823 XLM, 0.010672 BTC, and 84.17692 XRP seized
7                 from the Coinbase account xE151 in the name of Ramiro
8                 Mendes;
9         xxiii.       Approximately $39,117.09 liquidated pursuant to
10                an interlocutory sale of cryptocurrency on October 8,
11                2021, derived from all funds seized from the Gemini
12                Trust account x9847 in the name of Ramiro Mendes;
13        xxiv.        Approximately $916,711.57 liquidated pursuant to
14                an interlocutory sale of cryptocurrency on October 8,
15                2021, derived from all funds in the Kraken account
16                x2GFQ in the name of Ramiro Mendes;
17        xxv. All funds and securities in the Charles Schwab account
18                x6699 in the names of Ramiro Mendes and Joao Mendes;
19        xxvi.        $62,087.94 seized on or about July 29, 2021 in
20                the form of a cashier’s check, derived from three
21                cashier’s checks drawn against Charles Schwab account
22                x6699 and all funds and securities contained therein,
23                in the names of Ramiro Mendes and Joao Mendes;
24        xxvii.       $80,089.95 seized in the form of a cashier’s
25                check, on or about October 7, 2021, from the Bank of
26                America account in the name of Ramiro Mendes LLC;
27        xxviii.      $5,002.22 in funds associated with Citibank, N.A.
28                check number 134218698, issued on or about January 29,

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     Case 2:22-cr-00370-PA Document 43-1 Filed 01/19/23 Page 5 of 7 Page ID #:228




1                 2021, payable to MB Property Management Group LLC, and
2                 withdrawn from account x4279;
3         xxix.        $5,100 in funds associated with Citibank, N.A.
4                 check number 134218702, issued on or about January 29,
5                 2021, payable to La Peer Multimedia LLC, and withdrawn
6                 from account x3792 (collectively, the “Forfeitable
7                 Property”).
8         II. IMPLEMENTATION
9         IT IS FURTHER ORDERED as follows:
10        A.      Upon the entry of this Order, and pursuant to Fed. R.
11   Crim. P. 32.2(b)(3) and 21 U.S.C. § 853, the United States
12   Attorney General (or a designee) is authorized to seize the
13   Forfeitable Property.
14        B.      Upon entry of this Order, the United States is further
15   authorized to conduct any discovery for the purpose of
16   identifying, locating, or disposing of the Forfeitable Property
17   subject to forfeiture pursuant to this Order, 21 U.S.C. § 853(m)
18   and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure.
19   “Any discovery” shall include all methods of discovery permitted
20   under the Federal Rules of Civil Procedure.
21        C.      Upon entry of this Order (and at any time in the
22   future after amendment of the applicable order of forfeiture in
23   this matter), the United States Attorney General (or a designee)
24   is authorized to commence any applicable proceeding to comply
25   with statutes governing third party rights, including giving
26   notice of this and any other Order affecting specific property.
27   The following paragraphs shall apply to any ancillary proceeding
28   conducted in this matter:

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     Case 2:22-cr-00370-PA Document 43-1 Filed 01/19/23 Page 6 of 7 Page ID #:229




1               (1)   Pursuant to 21 U.S.C. § 853(n)(1) and
2    Supplemental Rule G(4)(a)(iv)(C) of the Supplemental Rules for
3    Admiralty or Maritime Claims and Asset Forfeiture Actions, the
4    government shall forthwith publish for at least thirty (30)
5    consecutive days on an official government website notice of
6    this order and any other Order affecting the Forfeitable
7    Property, and notice that any person, other than the defendant,
8    having or claiming a legal interest in the property must file a
9    petition with the Court within thirty (30) days of the
10   publication of notice or receipt of actual notice, whichever is
11   earlier.   The United States shall also, to the extent
12   practicable, provide written notice to any person known to have
13   an alleged interest in the Forfeitable Property.
14              (2)   Any person other than defendant asserting a legal
15   interest in the Forfeitable Property may, within thirty days of
16   the publication of notice or receipt of notice, whichever is
17   earlier, petition the court for a hearing without a jury to
18   adjudicate the validity of his alleged interest in the property,
19   and for an amendment of the order of forfeiture, pursuant to
20   21 U.S.C. § 853(n)(2).
21              (3)   Any petition filed by a third party asserting an
22   interest in the Forfeitable Property shall be signed by the
23   petitioner under penalty of perjury and shall set forth the
24   nature and extent of the petitioner’s right, title, or interest
25   in such property, the time and circumstances of the petitioner’s
26   acquisition of the right, title or interest in the property, any
27   additional facts supporting the petitioner’s claim, and the
28   relief sought. 21 U.S.C. § 853(n)(3).

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1               (4)   The United States shall have clear title to the
2    Forfeitable Property following the Court’s disposition of all
3    third-party interests or, if no petitions are filed, following
4    the expiration of the period provided in 21 U.S.C. § 853(n)(2)
5    for the filing of third-party petitions.
6         D.    Pursuant to Fed. R. Crim. P. 32.2(b)(3), this
7    Preliminary Order of Forfeiture shall be final and made part of
8    defendant’s sentence and judgment.
9         E.    The Court shall retain jurisdiction to enforce this
10   Order, and to amend it as necessary, pursuant to Fed. R. Crim.
11   P. 32.2(e).
12   DATED: ___________________         _________________________________
                                        HONORABLE PERCY ANDERSON
13                                      UNITED STATES DISTRICT JUDGE
     PRESENTED BY:
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     E. MARTIN ESTRADA
15   United States Attorney
     MACK E. JENKINS
16   Assistant United States Attorney
     Chief, Criminal Division
17   JONATHAN GALATZAN
     Assistant United States Attorney
18   Chief, Asset Forfeiture and Recovery Section
19       /s/
     DAN G. BOYLE
20   Assistant United States Attorney
     Asset Forfeiture and Recovery Section
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     Attorneys for Plaintiff
22   UNITED STATES OF AMERICA
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