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Home Source documents Court filing — No. 1:22-cr-20360 (Dkt. 102, S.D. Fla.)

Court filing — No. 1:22-cr-20360 (Dkt. 102, S.D. Fla.)

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Case 1:22-cr-20360-RNS Document 102 Entered on FLSD Docket 07/30/2024 Page 1 of 3




                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA

                                 CASE NO. 22-CR-20360-SCOLA


   UNITED STATES OF AMERICA

   v.

   JAVIER LAZO CABRERA,

                  Defendant.


              NOTICE ON FINAL FORFEITURE AND PARTIAL SATISFACTION
                         OF FORFEITURE MONEY JUDGMENT

         Pursuant to 21 U.S.C. § 853 and Rule 32.2 of the Federal Rules of Criminal Procedure, the

  United States of America (the “United States”), by and through the undersigned Assistant United

  States Attorney, hereby files this Notice on Final Forfeiture and gives notice of the partial

  satisfaction of the forfeiture money judgment enter against Defendant Javier Lazo Cabrera. In

  support, the United States submits the following:

         1.      On March 8, 2024, pursuant to 18 U.S.C. § 981(a)(1)(C), the Court entered a

  Preliminary Order of Forfeiture, ECF No. 91, forfeiting, subject to third-party interests, the

  following property to the United States (collectively, the “Property”):

                 a) approximately $540,923.83 in custody of the U.S. Marshals Service, which
                    represents the proceeds of the sale of real property located at 3201 Southwest
                    148th Avenue, Miami, Florida 33185, that was purchased with fraud proceeds.

  The Court also entered a forfeiture money judgment against the Defendant in the amount of

  $998,626.85. See id. at 5.

         2.      Notice of the criminal forfeiture was posted on an official government internet site

  (www.forfeiture.gov) for a period of 30 days. See Decl. of Publication, ECF No. 98; 21 U.S.C.


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Case 1:22-cr-20360-RNS Document 102 Entered on FLSD Docket 07/30/2024 Page 2 of 3




  §853(n)(1); Fed. R. Crim. P. 32.2(b)(6).

         3.      Direct notice was sent to any person who reasonably appeared to be a potential

  claimant with standing to contest the forfeiture of the Property, or such person was on actual notice

  of the forfeiture. See Fed. R. Crim. P. 32.2(b)(6); accord 21 U.S.C. § 853(n)(1).

         4.      The notice described the Property and advised that any person, other than the

  Defendant, asserting a legal interest in the Property may petition the Court for a hearing to

  adjudicate the validity of that person’s alleged interest, within 60 days of the first day of

  publication or within 30 days of receipt of notice, whichever is earlier.         Fed. R. Crim. P.

  32.2(b)(6); 21 U.S.C. § 853(n)(2).

         5.      The time period for filing a petition claiming an interest in the Property has expired,

  and no petition or claim has been filed.

         6.      The Preliminary Order of Forfeiture stated that upon notice from the United States

  that no claims have been filed within 60 days of the first day of publication or within 30 days of

  receipt of notice, whichever is earlier, then the Preliminary Order of Forfeiture shall become a

  Final Order of Forfeiture and any duly authorized law enforcement official shall dispose of the

  Property in accordance with applicable law.

         7.      The Preliminary Order of Forfeiture also stated that after the final forfeiture of the

  $540,923.83, that money (or the sum finally forfeited) will be applied to the outstanding balance

  of the money judgment.

         8.      Accordingly, the Property is now finally forfeited, and all right, title, and interest

  in such Property is vested in the United States.

         9.      The United States hereby provides notice that the $540,923.83 has been applied to

  the Defendant’s forfeiture money judgment, and there is currently approximately $457,703.02



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Case 1:22-cr-20360-RNS Document 102 Entered on FLSD Docket 07/30/2024 Page 3 of 3




  outstanding on the Defendant’s forfeiture money judgment.



                                                    Respectfully submitted,

                                                    MARKENZY LAPOINTE
                                                    UNITED STATES ATTORNEY

                                             By:    s/ Mitchell E. Hyman
                                                    Mitchell Evan Hyman
                                                    Assistant United States Attorney
                                                    Florida Bar No. 125405
                                                    U.S. Attorney’s Office
                                                    99 N.E. 4th Street, 7th Floor
                                                    Miami, FL 33132-2111
                                                    Telephone: (305) 961-9283
                                                    E-mail: Mitchell.Hyman@usdoj.gov




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