Order of Forfeiture — U.S. v. Kevin Jay Lipsitz (E.D.N.Y.)

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An order of forfeiture in United States of America v. Kevin Jay Lipsitz, 20-CR-394 (KAM), in the U.S. District Court for the Eastern District of New York, filed May 4, 2022 as Document 47. It recites that on or about October 26, 2021 Lipsitz pleaded guilty to Count Four of the Indictment, charging a violation of 18 U.S.C. § 1341, and consented to a forfeiture money judgment of $90,000.00. The order, entered on consent, requires payment in full thirty (30) days in advance of sentencing and permits forfeiture of other property up to the unpaid balance under 21 U.S.C. § 853(p). It states that the payment is not a fine, penalty, restitution or tax payment and becomes final at sentencing.

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Case 1:20-cr-00394-KAM Document 47 Filed 05/04/22 Page 1 of 4 PagelD #: 272

FR:BGK
F. #2020R00345

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA ORDER OF FORFEITURE
- against - 20-CR-394 (KAM)
KEVIN JAY LIPSITZ,
Defendant.

WHEREAS, on or about October 26, 2021, Kevin Jay Lipsitz (the
“defendant’), entered a plea of guilty to the offense charged in Count Four of the above-
captioned Indictment, charging a violation of 18 U.S.C. § 1341; and

WHEREAS, pursuant to 18 U.S.C. § 981{a)(1)(C), 21 U.S.C. § 853(p) and 28
U.S.C. § 2461(c), the defendant has consented to the entry of a forfeiture money judgment in
the amount of ninety thousand dollars and zeero cents ($90,000.00) (the “Forfeiture Money
Judgment”), as property, real or personal, constituting, or derived from, proceeds obtained
directly or indirectly as a result of the defendant’s violation of 18 U.S.C. § 1341 and/ora
substitute asset, pursuant to 21 U.S.C. § 853(p).

IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent, by
and between the United States and the defendant as follows:

1, The defendant shall forfeit to the United States the full amount of the
Forfeiture Money Judgment, pursuant to 18 U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853(p) and

28 U.S.C. § 2461(c),
Case 1:20-cr-00394-KAM Document 47 Filed 05/04/22 Page 2 of 4 PagelD #: 273

2. All payments made towards the Forfeiture Money Judgment shall be
made by a money order, or certified and/or official bank check, payable to the U.S. Marshals
Service with the criminal docket number noted on the face of the instrument. The defendant
shall cause said payment(s) to be sent by overnight mail delivery to Assistant United States
Attorney Brendan G. King, United States Attomey’s Office, Eastern District of New York,
271-A Cadman Plaza East, Brooklyn, New York 11201. The Forfeiture Money Judgment
shall be paid in full thirty (30) days in advance of sentencing (the “Due Date”).

3. If the defendant fails to pay any portion of the Forfeiture Money
Judgment on or before the Due Date, the defendant shall forfeit any other property of his up
to the value of the outstanding balance, pursuant to 21 U.S.C. § 853(p), and further agrees
that the conditions of 21 U.S.C. § 853(p)(1)(A)-(E) have been met.

4. Upon entry of this Order of Forfeiture (“Order”), the United States
Attomey General or his designee is authorized to conduct any proper discovery in
accordance with Fed. R. Crim. P. 32.2(b)(3) and (c). The United States alone shall hold title
to the monies paid by the defendant to satisfy the Forfeiture Money Judgment following the
Court’s entry of the judgment of conviction.

5. The defendant shall fully assist the government in effectuating the
payment of the Forfeiture Money Judgment, by among other things, executing any
documents necessary to effectuate any transfer of title to the United States. The defendant
shall not file a claim or petition seeking remission or contesting the forfeiture of any property
against which the government seeks to satisfy the Forfeiture Money Judgment in any
administrative or judicial (civil or criminal) proceeding. The defendant shall not assist any

person or entity to file a claim or petition seeking remission or contesting the forfeiture of

United States v. Kevin Jay Lipsitz, 20-CR-394 (KAM)
Order of Forfeiture Page 2
Case 1:20-cr-00394-KAM Document 47 Filed 05/04/22 Page 3 of 4 PagelD #: 274

any property against which the government seeks to satisfy the Forfeiture Money Judgment
in any administrative or judicial (civil or criminal) forfeiture proceeding.

6. The defendant knowingly and voluntarily waives his right to any
required notice concerning the forfeiture of the monies and/or properties forfeited hereunder,
including notice set forth in an indictment or information. In addition, the defendant
knowingly and voluntarily waives his right, if any, to a jury trial on the forfeiture of said
monies and/or properties, and waives all constitutional, legal and equitable defenses to the
forfeiture of said monies and/or properties, including, but not limited to, any defenses based
on principles of double jeopardy, the Ex Post Facto clause of the Constitution, any applicable
statute of limitations, venue, or any defense under the Eighth Amendment, including a claim
of excessive fines.

7. The entry and payment of the Forfeiture Money Judgment is not to be
considered a payment of a fine, penalty, restitution loss amount or a payment of any income
taxes that may be due, and shall survive bankruptcy.

8. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B), this Order shall
become final as to the defendant at the time of sentencing and shall be made part of the
sentence and included in the judgment of conviction. This Order shall become the Final
Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2). At that time, the monies
and/or properties paid toward the Forfeiture Money Judgment shall be forfeited to the United
States for disposition in accordance with the law.

9. This Order shall be binding upon the defendant and the successors,
administrators, heirs, assigns and transferees of the defendant, and shall survive the

bankruptcy of any of them.

United States v. Kevin Jay Lipsitz, 20-CR-394 (KAM)
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10. This Order shall be final and binding only upon the Court’s “so
ordering” of the Order.

11. The Court shall retain jurisdiction over this action to enforce
compliance with the terms of this Order and to amend it as necessary, pursuant to Fed. R.

Dated: Brooklyn, New York

SO ORDERED:

HONORABLE KIYOA. MATSUMOTO
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF NEW YORK

United States v. Kevin Jay Lipsitz, 20-CR-394 (KAM)
Order of Forfeiture Page 4


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