Order of Criminal Forfeiture — United States v. Samir Haj (Southern District of California, Document 51)

Summary

This is an Order of Criminal Forfeiture in United States v. Samir Haj in the Southern District of California. It states that Haj pled guilty before Magistrate Judge Michael S. Berg to Counts 1, 2, and 3 of the Information, that the Court accepted the guilty pleas on February 10, 2022, and that the plea included consent to forfeiture of all property seized in connection with the case. The order enters a forfeiture money judgment of $427,689.00, representing the proceeds the defendant and co-defendant personally received from the offense in Count 1, for which they are jointly and severally liable. It says the order is made final at sentencing and included in the judgment.

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Full text

       Case 3:21-cr-01463-JLS Document 51 Filed 08/12/22 PageID.164 Page 1 of 3
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                                                                        CLERK U.S. DISTRICT COURT
                                                                     SOUTHERN DISTRICT OF CALIFORNIA
       2                                                            BY          O             ,I,===
                                                                                               DEPUTY

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       8                         UNITED STATES DISTRICT COURT
       9                       SOUTHERN DISTRICT OF CALIFORNIA
      1011 UNITED STATES OF A1\1ERICA,                     Case No. 21cr1463-JLS
      11                       Plaintiff,                  ORDER OF CRIMINAL
      12          V.                                       FORFEITURE

      13    SAMIRHAJ,
      14                       Defendant.
      15
      16         WHEREAS, in the Information the United States sought forfeiture of all right,
      1711 title and interest in property of Defendant SAMIR HAJ, ("Defendant"), pursuant to
      18 II Title 18, United States Code, Section 981(a)(l)(C) and Title 28, United States Code,
      19 11 Section 2461 (c) as property constituting proceeds of the offense set forth in Count 1
      20 11 in the violation of Title 18, United States Code, Section 541, as charged in Count 1 in
      21 11 the Information.
      22         WHEREAS, on or about May 25, 2021, Defendant pled guilty before
      23 11 Magistrate Judge Michael S. Berg to Count 1,2, and 3 of the Information, which pleas
      24 11 included consent to forfeiture of all property seized in connection with the case,
      25 11 including but not limited to entry of a forfeiture money judgment in the amount of
      26 II $427,689.00 representing the proceeds Defendant and co-defendant personally
      27 received from the offense set forth in Count 1, which forfeiture shall be included and
      28 incorporated as part of the judgment in this case; and
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         Case 3:21-cr-01463-JLS Document 51 Filed 08/12/22 PageID.165 Page 2 of 3
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         1          WHEREAS, on February 10, 2022, this Court accepted the guilty pleas of
         2 11 Defendant; and
         3 11       WHEREAS, by virtue of the admissions of the Defendant set out in the plea
         4 II agreement and guilty pleas, the Court hereby finds that $427,689.00 represents the
         5 11 amount of proceeds the Defendant and co-defendant personally obtained directly as a
         6 llresult of the offense set forth in Count 1 to which Defendant pled guilty, 18 U.S.C. §
         7 11541, as charged in the Information; and
         8 II       WHEREAS, by virtue of said guilty pleas and the Court's findings, the
         9 11 United States is now entitled to an Order of Forfeiture in its favor against the
        1O 11 Defendant in the form of a forfeiture money judgment representing the amount of the
        11 II proceeds received by the Defendant and co-defendant in the amount of $427,689.00,
        12 II pursuant to 18 U.S.C. § 981(a)(l)(c), 28 U.S.C. § 2461(c), and Rule 32.2(b) of the
        13 II Federal Rules of Criminal Procedure; and
        14 11       WHEREAS, by virtue of the facts set forth in the plea agreement the
        15 II United States has established the requisite nexus between the $427,689.00 forfeiture
        16 11 money judgment and the offense set forth in Count 1; and
        17 11       WHEREAS, the Defendant has agreed that the provisions for the substitution
        18 llof assets as provided in 21 U.S.C., § 853(p) exist and has agreed the United States
        19 11 may take actions to collect the forfeiture money judgment; and
        20 11       WHEREAS, the United States, having submitted the Order herein to the
        21 II Defendant through his attorney of record, to review, and no objections having been
        22 11 received;
        23          Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

        24          1.    Based on the guilty pleas of the Defendant to Count 1 of the
        25 11 Information, the United States is entitled to a forfeiture money judgment against
        26 Defendant in the amount of $427,689.00 pursuant to Title 18 U.S.C. 981(a)(l)(C) and
        27 Title 28 U.S.C. 2461(c), representing the proceeds Defendant personally received
        28 11 from the offense of conviction set forth in Count 1, which forfeiture money judgment
                                                        -2-                          21cr01463
Case 3:21-cr-01463-JLS Document 51 Filed 08/12/22 PageID.166 Page 3 of 3




 1 11 is in favor of the United States against Defendant SAMIR HAJ, with interest to
 2 II accrue thereon in accordance with 18 U.S.C. § 3612(f) and 28 U.S.C. § 1961, and for
 3 11 which Defendant and codefendant shall be jointly and severally liable; and
 4         2.       This Court shall retain jurisdiction in the case for the purpose of
 5 11 enforcing the order of forfeiture money judgment and collecting and enforcing it; and

 6         3.       Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final
 7 11 as to the Defendant at the time of sentencing and is part of the sentence and included
 8 11 in the judgment; and
 9         4.       Pursuant to Rule 32.2(b)(3) the United States may, at any time, conduct
1O 11 discovery to identify, locate, or dispose of directly forfeitable assets and substitute
11 11 assets against which this Order of Forfeiture may be enforced; and

12         5.       The United States may, at any time, move pursuant to Rule 32.2(e) to
13 II amend this Order of Forfeiture to substitute property having a value not to exceed
14 II $427,689.00 to satisfy the forfeiture money judgment in whole or in part; and

15         6.       The United States may take any and all actions available to it to collect
16 11 and enforce the forfeiture money judgment.

17         7.       This order shall be incorporated and included as part of the judgment in
18 11 this case when Defendant is sentenced.

19         DATED:
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