Consent Preliminary Order of Forfeiture/Money Judgment — United States v. Tatiana Daniel (S.D.N.Y., Dkt. 64)

Summary

A Consent Preliminary Order of Forfeiture/Money Judgment in United States v. Tatiana Daniel, a/k/a "Kimora Daniel," Case 1:21-cr-00729-LAK, Document 64, filed December 21, 2022, in the Southern District of New York. It recites that Tatiana Daniel was charged in a one-count Superseding Information with conspiracy to commit wire fraud under Title 18, United States Code, Section 371 and pled guilty to Count One under a plea agreement. The order provides that a money judgment of $109,655 in United States currency shall be entered against the Defendant, and that payments are made to the United States Marshals Service. Signature lines name Assistant United States Attorney Michael D. Neff and Ezra Spilke, Esq.

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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT DOC #
SOUTHERN DISTRICT OF NEW YORK DATE FILED:_1 A-2/-2A
UNITED STATES OF AMERICA,
: CONSENT PRELIMINARY ORDER
-V.- OF FORFEITURE/
: MONEY JUDGMENT
TATIANA DANIEL,
a/k/a “Kimora Daniel,” : S121 Cr. 729 (LAK)
Defendant. :
WHEREAS, on or about November , 2022, TATIANA DANIEL, a/k/a

“Kimora Daniel” (the “Defendant”), was charged in a one-count Superseding Information, Sl 21
Cr. 729 (LAK) (the “Information”), with conspiracy to commit wire fraud, in violation of Title 18,
United States Code, Section 371 (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 2461(c), of any property, real or
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 November __, 2022, the Defendant pled guilty to
Count One of the Information, pursuant to a plea 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 2461 (c), a sum of money equal to $109,655
ee AS OL Lape OL 29-1 AK Document64 Filed 12/21/22. Page 2 of 4

in United States currency, representing the proceeds traceable to the commission of the offense
charged in Count One of the Information;

WHEREAS, the Defendant consents to the entry of a money judgment in the
amount of $109,655 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; and

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.

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 Michael D, Neff, and the Defendant and her counsel, Ezra Spilke, Esq., that:

1, As a result of the offense charged in Count One of the Information, to which
the Defendant pled guilty, a money judgment in the amount of $109,655 in United States currency
(the “Money Judgment”), representing the amount of proceeds traceable to the offense charged in
Count One of the Information 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 TATIANA
DANIEL, 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, 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 into 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.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Case4:21-cr-00729-LAK. Document 64 Filed 12/21/22 Page 4 of 4

8. 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

Michael D, Neff 4” DATE
Assistant United States Attorney

US. Attorney’s Office, SDNY

1 St. Andrew’s Plaza

New York, NY 10007

(212) 637-2107

TATIANA DANIEL
TATIANA DANIEL DATE
EZRA SPILKE, ESQ. DATE

Attorney for Defendant

Law Offices of Ezra Spilke, PLLC
1825 Foster Avenue Suite 1K
Brooklyn, NY 11230

(718) 783-3682

DATE

THE RABLE LEWIS A. KAPLAN
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK


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