Consent Preliminary Order of Forfeiture/Money Judgment — United States v. Scher, 22 Cr. 320 (PMH) (S.D.N.Y.)

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Consent Preliminary Order of Forfeiture/Money Judgment, Document 41, filed 01/18/24, in Case 7:22-cr-00320-PMH, concerning Elizier Scher. It recites that on or about February 1, 2023, Scher was charged in a one-count Superseding Information with theft of public funds, in violation of Title 18, United States Code, Section 641, and pleaded guilty to Count One pursuant to a plea agreement. Scher agreed to forfeit, and consents to a money judgment of, $1,648,900 representing proceeds traceable to Count One. The order is final as to Scher and is deemed part of the sentence, and the United States is authorized to seek forfeiture of substitute assets.

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Case 7:22-cr-00320-PMH Document 41 Filed 01/18/24 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

CONSENT PRELIMINARY ORDER

~Ve- OF FORFEITURE/

: MONEY JUDGMENT

ELIZIER SCHER,
S122 Cr. 320 (PMH)
Defendant.

WHEREAS, on or about February 1, 2023, ELIZIER SCHER (the “Defendant”),
was charged in a one-count Superseding Information, $1 22 Cr. 320 (PMH) (the “Information’”),
with theft of public funds, in violation of Title 18, United States Code, Section 641;

WHEREAS, the Superseding Information included a forfeiture allegation as to
Count One, 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, of all property, real and
personal, that constitutes or is derived from proceeds traceable to the commission of the offense
charged in Count One of the Superseding Information;

WHEREAS, on or about February 1, 2023, the Defendant pleaded guilty to Count
One of the Superseding Information, pursuant to a plea agreement with the Government, wherein
the Defendant admitted the forfeiture allegation with respect to Count One 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, a sum of money equal to $1,648,900 in United States
currency, representing the amount of proceeds traceable to the offense charged in Count One;

WHEREAS, the Defendant consents to the entry of a money judgment in the

amount of $1,648,900 in United States currency, representing the amount of proceeds traceable
Case 7:22-cr-00320-PMH Document 41 Filed 01/18/24 Page 2 of 4

to the offense charged in Count One of the Superseding Information that the Defendant
personally obtained; and

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 One of the Superseidng
Information 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 Attorney James McMahon, and the Defendant, and his counsel, Andrew Goldstein, Esq.;
Michael Berkovits, Esq; Susan Necheles, Esq; and Gedalia Stern, Esq., that:

1, As a result of the offense charged in Count One of the Superseding
Information, to which the Defendant pled guilty, a money judgment in the amount of $1,648,900
in United States currency (the “Money Judgment”), representing the amount of proceeds
traceable to the offense charged in Count One that the Defendant personally obtained, 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,
ELIZIER SCHER, 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.
Case 7:22-cr-00320-PMH Document 41 Filed 01/18/24 Page 3 of 4

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 in 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.

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.
Case 7:22-cr-00320-PMH Document 41 Filed 01/18/24 Page 4 of 4

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

JAMES/MCMAHON DATEL
Assistant United States Attorney

50 Main Street, Suite 1100

White Plains, NY 10606

(914) 993-1936

ELIZIER SCHER
|
By: Clin. g —_ / / 7/ 2Y
ELIZIER SCHER DATE
(Ktorney for Defendant DATE
SO ORDERED:
HONORABLE PHILIP M. HALPERN DATE

UNITED STATES DISTRICT JUDGE


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