Consent Preliminary Order of Forfeiture/Money Judgment — United States v. Heaven West (S.D.N.Y., Document 105)

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Consent preliminary order of forfeiture and money judgment in United States v. Heaven West, 21 Cr. 729 (LAK), Southern District of New York. It recites that the Defendant was charged in two counts of a five-count Indictment, Count One wire fraud and Count Two conspiracy to commit wire fraud, and pled guilty to Count One under a plea agreement admitting the forfeiture allegation. It provides for a money judgment of $23,684 representing proceeds traceable to Count One that the Defendant personally obtained. It directs payment to the United States Marshals Service, authorizes forfeiture of substitute assets up to the uncollected amount, and states that the Court retains jurisdiction.

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        Case 1:21-cr-00729-LAK Document 105 Filed 02/02/24 Page 1 of 4



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UNITED STATES DISTRICT COURT                                                ~-
SOUTHERN DISTRICT OF NEW YORK
----------------------------------x

UNITED STATES OF AMERICA,
                                                        CONSENT PRELfMTNARY ORDER
               - V. -                                   OF FORFEITURE/
                                                        MONEY JUDGMENT
HEAVEN WEST,
                                                        21 Cr. 729 (LAK)
                             Defendant.

------------ - ---------------------x

               WHEREAS, on or about December 1, 2021, HEAVEN WEST (the "Defendant"),

among others, was charged in two counts of a five-count Indictment 21 Cr. 729 (LAK) (the

"Indictment"), w_ith wire fraud, in violation of Title 18, United States Code, Sections 1343 and 2

(Count One); and conspiracy to commit wire fraud, in violation of Title 18, United States Code,

Section 1349 (Count Two);

               WHEREAS, the Indictment included a forfeiture allegation as to Count One of the

Indictment, seeking forfeiture to the United States, pursuant to Title 18, United States Code,

Section 981(a)(l)(C) and Title 28, United States Code, Section 246l(c), of any property, real or

personal, that constitutes or is derived from proceeds traceable to the commission of the offense

charged in Count One 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 One of the Indictment;

               WHEREAS, on or about December __ , 2022, the Defendant pled guilty to

Count One of the Indictment, pursuant to a plea agreement with the Government, wherein the

Defendant admitted the forfeiture allegation with respect to Count One of the Indictment and

agreed to forfeit to the United States, pursuant to Title 18, United States Code, Section
         Case 1:21-cr-00729-LAK Document 105 Filed 02/02/24 Page 2 of 4




 981(a)(l)(C) and Title 28, United States Code, Section 2461(c), a sum of money equal to $23,684

in United States currency, representing the proceeds traceable to the commission of the offense

charged in Count One of the Indictment;

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

amount of $23,684 in United States currency, representing the amount of proceeds traceable to the

offense charged in Count One of the Indictment 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 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

Attorney Michael D. Neff, and the Defendant and her counsel, Marlon Kirton, Esq., that:

               1.      As a result of the offense charged in Count One of the Indictment, to which

the Defendant pied guilty, a money judgment in the amount of $23,684 in United States currency

(the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in

Count One of the Indictment that the Defendant personally obtained, shall be entered against the

Defendant.

               2.     Pursuant to Rule 32.2(6)(4) of the Federal Rules of Criminal Procedure, this

Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant HEAVEN

WEST, 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
        Case 1:21-cr-00729-LAK Document 105 Filed 02/02/24 Page 3 of 4




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(6)(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.




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       Case 1:21-cr-00729-LAK Document 105 Filed 02/02/24 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


By:                                                                 12/9/2022
       Michael D. Neff                                              DATE
       Assistant United States Attorney
       U.S. Attorney's Office, SDNY
       1 St. Andrew's Plaza
       New York, NY 10007
       (212) 637-2107




HEAV=~
By:~
 HEAVEN WEST



By:                                                                  I L ( I <y ( t ~
                                 , ES                               DATE
       Attorney or Defendant
       Kirton Law Firm
       175 Fulton Avenue, Suite 305
       Hempstead, NY 11550




THE HONORA LE EWIS A. KAPLAN                                       DATE
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK


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