Consent Preliminary Order of Forfeiture / Money Judgment — United States v. Alvin Maxwell, 21 Cr. 247 (PAE)

Summary

Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment, Document 132, filed 04/11/22, in S3 21 Cr. 247 (PAE), against Alvin Maxwell. It recites that on or about April 6, 2022, the Defendant pled guilty to Count Three, conspiracy to commit wire fraud, and consents to a money judgment of $1,647,121 representing proceeds traceable to that offense. The order forfeits the Specific Property, funds seized on or about June 21, 2021. It authorizes publication of the forfeiture notice on www.forfeiture.gov for at least thirty (30) consecutive days; third-party petitions are due within sixty (60) days from first publication or thirty-five (35) days from mailing of actual notice, whichever is earlier. The signature block names Honorable Paul A. Engelmayer under SO ORDERED.

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Case 1:21-cr-00247-PAE Document 132 Filed 04/11/22 Page 1of6

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA |
- CONSENT PRELIMINARY
i - ORDER OF FORFEITURE
- AS TO SPECIFIC PROPERTY/
ALVIN MAXWELL, MONEY JUDGMENT
Defendant. $3.21 Cr. 247 (PAE)
— em x

WHEREAS, on or about December 6, 2021, ALVIN MAXWELL (the
‘Defendant”), was charged in four counts of a seven-count Superseding Indictment, S3 21 Cr. 247
(PAE) (the “Indictment”), with inter alia, conspiracy to commit wire fraud, in violation of Title
18, United States Code, Sections 1349 (Count Three);

WHEREAS, the Indictment included a forfeiture allegation as to Count Three of
the Indictment, seeking forfeiture to the United States Section 981(a)(1)(C) and Title 28, United
States Code, Section 2461(c), of any and all property, real or personal, that constitutes or is derived
from proceeds traceable to the commission of the offense charged in Count Three of the
Indictment, 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 Three of the
Indictment;

WHEREAS, on or about November 22, 2021, a Forfeiture Bill of Particulars (D-E.
78) was filed providing notice of the Government’s intention to seek forfeiture of, inter alia, the
following assets as proceeds of Counts Three and Four of the Indictment:

a. $62,162.04 in United States currency formerly on deposit in J.P. Morgan

Chase Bank Account No. 527268095 held in the name of Alvin Emile
Maxwell DBA Big Shot and seized on or about June 21, 2021;
Case 1:21-cr-00247-PAE Document 132 Filed 04/11/22 Page 2 of 6

b. $179,437.72 in United States currency funds formerly on deposit in Fifth Third
Bank Account No. 7933474657 held in the name of R and L Arcade Inc. and
seized on or about June 21, 2021;

Cc. $209,180.25 in United States currency formerly on deposit in Wells Fargo
Bank Account No. 7889836149, held in the name of WPA Green Inc. and
seized on or about June 21, 2021; and

d. $410,095.62 in United States currency formerly on deposit in Bank of America

Account No. 381058902811 held in the name of Oumou Barry LLC and seized
on or about June 21, 2021
(a. through d., collectively, the “Specific Property”);

WHEREAS, on or about April 6, 2022, the Defendant pled guilty to Count Three
of the Indictment, pursuant to a plea agreement with the Government, wherein the Defendant
admitted the forfeiture allegation with respect to Count Three of the Indictment and agreed to
forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C), a sum
of money equal to $1,647,121 in United States currency, representing proceeds traceable to the
commission of the offense charged in Count Three of the Indictment;

WHEREAS, the Defendant consents to the entry of a money judgment in the
amount of $1,647,121 in United States currency representing the amount of proceeds traceable to
the offense charged in Count Three of the Indictment that the Defendant personally obtained;

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 Three of the Indictment that the
Defendant personally obtained cannot be located upon the exercise of due diligence; 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
Case 1:21-cr-00247-PAE Document 132 Filed 04/11/22 Page 3of6

possession and to notify any and all persons who reasonably appear to be a potential claimant of
their interest herein;

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, Dina McLeod of counsel, and the Defendant, and his counsel, Peter Brill, Esq., that:

1. As aresult of the offense charged in Count Three of the Indictment, to which
the Defendant pled guilty, a money judgment in the amount of $1,647,121 in United States
currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense
charged in Count Three of the Indictment that the Defendant personally obtained, shall be entered
against the Defendant.

Ze As aresult of the offense charged in Count Three of the Indictment, to which
the Defendant pled 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.

3. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment is final as to the
Defendant, ALVIN MAXWELL, and shall be deemed part of the sentence of the Defendant, and
shall be included in the judgment of conviction therewith.

4. 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.
Case 1:21-cr-00247-PAE Document 132 Filed 04/11/22 Page 4of6

5. The United States Marshals Service is authorized to deposit the payments
on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title
to such forfeited property.

6. Upon entry of this Consent Preliminary Order of Forfeiture as to Specific
Property/Money Judgment, 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.

a Pursuant to Title 21, United States Code, Section 853(n)(1), 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.

8. 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).
Case 1:21-cr-00247-PAE Document 132 Filed 04/11/22 Page 5of6

9. 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.

10. | 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. All Specific Property forfeited to the
United States under a Final Order of Forfeiture shall be applied towards the satisfaction of the
Money Judgment.

11. 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.

12. 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.

13. The Court shall retain jurisdiction to enforce this Consent Preliminary Order
of Forfeiture as to Specific Property/Money Judgment, and to amend it as necessary, pursuant to

Rule 32.2 of the Federal Rules of Criminal Procedure.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Case 1:21-cr-00247-PAE Document 132 Filed 04/11/22 Page 6of6

14. The signature page of this Consent Preliminary Order of Forfeiture as to
Specific Property/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

» YM | t/o/22

Dina McLeod_/ DATE
Assistant United States Attorney

One St. Andrew’s Plaza

New York, NY 10007

(212) 637-1040

ALVIN MAXWELL

DAT.
Brill, Esq.

ttorney for Defendant

306 5 Avenue, Penthouse

New York, NY 10038

SO ORDERED:
HONORABLE PAUL A. ENGELMAYER DATE

UNITED STATES DISTRICT JUDGE


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