Consent Preliminary Order of Forfeiture/Money Judgment — United States v. Alicia Ayers (Document 98)

Summary

This is a Consent Preliminary Order of Forfeiture/Money Judgment against Alicia Ayers in 21 Cr. 440(NSR)-01, filed 12/12/23. It recites that she was charged in a four-count Indictment with conspiracy to commit wire fraud, wire fraud, false statements and aggravated identity theft, and that on or about March 7, 2023 she pled guilty to Counts One through Three. She consents to a money judgment of $1,690,000 in United States currency, representing proceeds traceable to Counts One and Two that she personally obtained, for which she is jointly and severally liable with co-defendants Andrea Ayers and Traci Proctor. Payments go to the United States Marshals Service, and the United States may seek substitute assets under Title 21, United States Code, Section 853(p).

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         Case 7:21-cr-00440-NSR Document 98 Filed 12/12/23 Page 1 of 5




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK                                                           12/12/2023
                                                   X


UNITED STATES OF AMERICA
                                                         CONSENT PRELIMINARY ORDER
              - V. -                                     OF FORFEITURE/
                                                         MONEY JUDGMENT
ALICIA AYERS,
                                                         21 Cr. 440(NSR)-01
                       Defendant.

                                                   X


               WHEREAS, on or about July 6, 2021, ALICIA 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 ofTitle 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)(l)and 2(a)(Count Four);

               WHEREAS,the Indictment included a forfeiture allegation as to Counts One and

Two ofthe 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 March 7, 2023, the Defendant pled guilty to Counts One

through Three of the Indictment;
         Case 7:21-cr-00440-NSR Document 98 Filed 12/12/23 Page 2 of 5




               WHEREAS.         pursuant to an agreement with the Government, wherein the

Defendant admitted the forfeiture allegation with respect to Counts One and Two of 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 Andrea 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 1 lEREB Y 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,ofcounsel, and the Defendant and her counsel.

Deveraux Cannick. Esq., that:

                      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 SI.690,000 in

United Slates currency (the "Money Judgment")- representing the amount of proceeds traceable to
          Case 7:21-cr-00440-NSR Document 98 Filed 12/12/23 Page 3 of 5




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

extent a forfeiture money judgment is entered against the Co-defendants in this case, shall be

entered against the Defendant.

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

Consent Preliminary Order of Forfeiturc/Money Judgment is final as to the Defendant ALICIA

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 OfTice. 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 properly, including depositions, interrogatories, requests for production

of documents and the issuance ofsubpoenas.
         Case 7:21-cr-00440-NSR Document 98 Filed 12/12/23 Page 4 of 5




              7.      The Court shall retain jurisdiciion to enforce this Consent Preliminar>' Order

of Korleilure/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal

Rules of Criminal Procedure.




              [REMAINDER OF PAGE INTENTIONAI.LY LEFT BLANK]
Case 7:21-cr-00440-NSR Document 98 Filed 12/12/23 Page 5 of 5




                8.     The sij£nature page of this Consent >*0:11111113^ Order of Forfeiiurt/Mone>’

 Judgment may be executed in one or more counterparts, each of which will be deoned an onginal

 but all of which together w ill cOTStilutc one and the same instrument.

 AGREF-D AND CONSENTED TO;

 DAMIAN WILLIAMS
 United States Attorney for the
 Southern District of New York



                                                                      10/24/23
 By;
        JEFFREY C. COFFMAN                                           DATE
        COURTNEY HEAVY
        Assistant United Stales Anomeys
        One SL Andrew’s Plaza
         New York, NY 10007
        (914)993-1940/(214)637-2413


 ALICIA AYERS
                                                                             I
                                                                                 /
                        -●v
 By:
       -ALICIA AYERS                                                  DATC ‘
          I




        DEVERAUX CANNICK, ESQ.                                        DATE
        Attorney for Defendant
        69-06 Grand Avenue
        Maspeth. NY 11378



 SO ORDERED;

                                                                           12/12/2023
 HONORABLE NELSON S. ROMAN                                            DATE
 UNITED STATES MAGISTRATE JUDGE


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