Preliminary Order of Forfeiture as to Specific Property — United States v. Pablo Hernandez (S.D.N.Y., Dkt. 27)

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A Preliminary Order of Forfeiture as to Specific Property (Document 27) in United States of America v. Pablo Hernandez, a/k/a "Carlos Nieves," 23 Cr. 3 (JSR), in the U.S. District Court, Southern District of New York, filed May 3, 2023. It recites that on or about January 3, 2023 the defendant was charged in a one-count Information with narcotics conspiracy under Title 21, United States Code, Section 846 and pied guilty to Count One under a plea agreement. The order forfeits to the United States the defendant's interest in a Taurus 9-millimeter handgun and 57 9-millimeter caliber cartridges, and sets out notice and third-party petition steps under Section 853(n), with a Final Order of Forfeiture to follow.

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        Case 1:23-cr-00003-JSR Document 27 Filed 05/03/23 Page 1 of 5




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------                    X


UNITED STATES OF AMERICA
                                                           PRELIMINARY ORDER OF
               - V. -                                      FORFEITURE AS TO
                                                           SPECIFIC PROPERTY
PABLO HERNANDEZ,
          a/k/a "Carlos Nieves,"                           23 Cr. 3 (JSR)

                        Defendant.
----------------------------------                    X


               WHEREAS, on or about January 3, 2023, PABLO HERNANDEZ a/k/a "Carlos

Nieves" (the "Defendant"), was charged in a one-count Information, 23 Cr. 3 (JSR) (the

"Information"), with narcotics conspiracy, in violation of Title 21, United States Code, Section

846 (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 21, United States Code,

Section 853, of any and all property constituting, or derived from, any proceeds obtained, directly

or indirectly, as a result of the offense charged in Count One of the Information, and any and all

property used, or intended to be used, in any manner or part, to commit, or to facilitate 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, and the following specific

property:

                         a) One (1) Taurus 9-millimeter Model G2C handgun bearing serial number
                            ACE914777; and

                         b) Fifty-Seven (57) 9-millimeter caliber cartridges;

(a. and b., collectively, the "Specific Property");
        Case 1:23-cr-00003-JSR Document 27 Filed 05/03/23 Page 2 of 5




                WHEREAS, on or about January 3, 2023, the Defendant pied guilty to Count One

of the Information, pursuant to a plea agreement with the Government;

                WHEREAS, the Government asserts that the Specific Property constitutes property

used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of

the offense charged in Count One of the Information;

                WHEREAS, the Government seeks the forfeiture of all of the Defendant' s right,

title and interest in the Specific Property, which constitutes property used, or intended to be used,

in any manner or part, to commit, or to facilitate the commission of the offense charged in Count

One of the Information; and

                WHEREAS , pursuant to Title 21, United States Code, Section 853(g), and Rules

32.2(b)(3), and 32.2(b)(6) of the Federal Rules of Criminal Procedure, the Government is now

entitled, pending any assertion of third-party claims, to reduce the Specific Property to its

possession and to notify any and all persons who reasonably appear to be a potential claimant of

their interest herein;

                NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

                1.       As a result of the offense charged in Count One of the Information, to which

the Defendant pied guilty, all of the Defendant' s right, title and interest in the Specific Property is

hereby forfeited to the United States for disposition in accordance with the law, subject to the

provisions of Title 21 , United States Code, Section 853.

                2.       Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this

Preliminary Order of Forfeiture as to Specific Property is final as to the Defendant PABLO

HERNANDEZ, and shall be deemed part of the sentence of the Defendant, and shall be included

in the judgment of conviction therewith.
          Case 1:23-cr-00003-JSR Document 27 Filed 05/03/23 Page 3 of 5




                WHEREAS, on or about January 3, 2023, the Defendant pied guilty to Count One

of the Information, pursuant to a plea agreement with the Government;

                WHEREAS, the Government asserts that the Specific Property constitutes property

used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of

the offense charged in Count One of the Information;

                WHEREAS, the Government seeks the forfeiture of all of the Defendant' s right,

title and interest in the Specific Property, which constitutes property used, or intended to be used,

in any manner or part, to commit, or to facilitate the commission of the offense charged in Count

One of the Information; and

                WHEREAS, pursuant to Title 21 , United States Code, Section 853(g), and Rules

32.2(b)(3), and 32.2(b)(6) of the Federal Rules of Criminal Procedure, the Government is now

entitled, pending any assertion of third-party claims, to reduce the Specific Property to its

possession and to notify any and all persons who reasonably appear to be a potential claimant of

their interest herein;

                NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

                1.       As a result of the offense charged in Count One of the Information, to which

the Defendant pied guilty, all of the Defendant's right, title and interest in the Specific Property is

hereby forfeited to the United States for disposition in accordance with the law, subject to the

provisions of Title 21 , United States Code, Section 853.

                2.       Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this

Preliminary Order of Forfeiture as to Specific Property is final as to the Defendant PABLO

HERNANDEZ, and shall be deemed part of the sentence of the Defendant, and shall be included

in the judgment of conviction therewith.
         Case 1:23-cr-00003-JSR Document 27 Filed 05/03/23 Page 4 of 5




               3.       Upon entry of this Preliminary Order of Forfeiture as to Specific Property,

the United States (or its designee) is hereby authorized to take possession of the Specific Property

and to hold such property in its secure custody and control.

               4.       Pursuant to Title 21, United States Code, Section 853(n)(l ), Rule 32.2(b)(6)

of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(5)(a)(ii) of the

Supplemental Rules for Certain Admiralty and Maritime Claims and Asset Forfeiture Actions, the

United States is permitted to publish forfeiture notices on the government internet site,

www.forfeiture.gov. This site incorporates the forfeiture notices that have been traditionally

published in newspapers. The United States forthwith shall publish the internet ad for at least thirty

(30) consecutive days. Any person, other than the Defendant, claiming interest in the Specific

Property must file a Petition within sixty (60) days from the first day of publication of the Notice

on this official government internet web site, or no later than thirty-five (35) days from the mailing

of actual notice, whichever is earlier.

                5.      The published notice of forfeiture shall state that the petition (i) shall be for

a hearing to adjudicate the validity of the petitioner's alleged interest in the Specific Property, (ii)

shall be signed by the petitioner under penalty of perjury, and (iii) shall set forth the nature and

extent of the petitioner's right, title or interest in the Specific Property, the time and circumstances

of the petitioner's acquisition of the right, title and interest in the Specific Property, any additional

facts supporting the petitioner's claim, and the relief sought, pursuant to Title 21, United States

Code, Section 853(n).

                6.      Pursuant to 32.2 (b)(6)(A) of the Federal Rules of Criminal Procedure, the

Government shall send notice to any person who reasonably appears to be a potential claimant

with standing to contest the forfeiture in the ancillary proceeding.
        Case 1:23-cr-00003-JSR Document 27 Filed 05/03/23 Page 5 of 5




               7.     Upon adjudication of all third-party interests, this Court will enter a Final

Order of Forfeiture with respect to the Specific Property pursuant to Title 21 , United States Code,

Section 853(n), in which all interests will be addressed.

               8.      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.

               9.      The Court shall retain jurisdiction to enforce this Preliminary Order of

Forfeiture as to Specific Property, and to amend it as necessary, pursuant to Rule 32.2 of the

Federal Rules of Criminal Procedure.


SO ORDERED:



HONO~~OFF
UNITED STATES DISTRICT JUDGE


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