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Home Source documents Court filing — S.D.N.Y. No. 7:21-cr-00440 (Dkt. 97, S.D.N.Y.)

Court filing — S.D.N.Y. No. 7:21-cr-00440 (Dkt. 97, S.D.N.Y.)

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Case 7:21-cr-00440-NSR Document 97 Filed 12/08/23 Page 1 O55. ct Ce #2

UNITED STATES DISTRICT COURT Hk Dos, coon ee eee

SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
: CONSENT PRELIMINARY ORDER
-V.- OF FORFEITURE/
: MONEY JUDGMENT
ANDREA AYERS,
21 Cr. 440 (NSR)- 02
Defendant.

WHEREAS, on or about July 6, 2021, ANDREA AYERS (the “Defendant’’), and
another, was charged in a four-count Indictment, 21 Cr. 440 (NSR) (the “Indictment”), with
conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349 (Count
One); wire fraud, in violation of Title 18, United States Code, Sections 1343 and 2 (Count Two);
false statements, in violation of Title 18, United States Code, Sections 1001(a)(2) and 2 (Count
Three); and aggravated identity theft, in violation of Title 18, United States Code, Sections
1028A(a)(1) and 2(a) (Count Four);

WHEREAS, the Indictment included a forfeiture allegation as to Counts One and
Two of the Indictment, 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 and all
property, real and personal, that constitutes or is derived from proceeds traceable to the
commission of the offenses charged in Counts One and Two 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 offenses charged in Counts One and Two of the Indictment;

WHEREAS, on or about December ¥ 223, the Defendant pled guilty to

Counts One through Three of the Indictment, pursuant to a plea agreement with the Government,

wherein the Defendant admitted the forfeiture allegation with respect to Counts One and Two of
Case 7:21-cr-00440-NSR Document 97 Filed 12/08/23 Page 2of5

the Indictment 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
$1,690,000 in United States currency, representing the amount of proceeds traceable to the
commission of the offenses charged in Counts One and Two of the Indictment;

WHEREAS, the Defendant consents to the entry of a money judgment in the
amount of $1,690,000 in United States currency representing the amount of proceeds traceable to
the offenses charged in Counts One and Two of the Indictment that the Defendant personally
obtained, for which the Defendant is jointly and severally liable with co-defendants Alicia Ayers
and Traci Proctor (the “Co-defendants”), to the extent a forfeiture money judgment is entered
against the Co-defendants in this case; and

WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the
Defendant, the proceeds traceable to the offenses charged in Counts One and Two of the
Indictment 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
Attorneys Jeffrey C. Coffman and Courtney Heavy, of counsel, and the Defendant and her counsel,
Royce Russell, Esq., that:

1. As a result of the offenses charged in Counts One and Two of the
Indictment, to which the Defendant pled guilty, a money judgment in the amount of $1,690,000 in
United States currency (the “Money Judgment”), representing the amount of proceeds traceable to
the offenses charged in Counts One and Two of the Indictment that the Defendant personally

obtained, for which the Defendant is jointly and severally liable with the Co-defendants, to the
Case 7:21-cr-00440-NSR Document 97 Filed 12/08/23 Page 3of5

extent a forfeiture money judgment is entered against the Co-defendants in this case, 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 ANDREA
AYERS, 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.
Case 7:21-cr-00440-NSR Document 97 Filed 12/08/23 Page 4of5

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]
Case 7:21-cr-00440-NSR Document 97 Filed 12/08/23 Page5of5

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

JEFFREY C. COFFMAN
COURTNEY HEAVY

Assistant United States Attorneys
One St. Andrew’s Plaza

New York, NY 10007

(212) 637-2413/(914) 993-1940

ANDREA AYERS

BY ,
ANDREA AYERS “7

ROYCE .
Attorney far Defendg,
112 West 34 Street, 18" Floor

New York, NY 10120

SO ORDERED:

UNITED STATES MAGISTRATE JUDGE

2 kas

DATE

DATE

DATE

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