Second Consent Judgment and Preliminary Order of Forfeiture — United States v. Rana (D.N.J., Document 25)

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Second Consent Judgment and Preliminary Order of Forfeiture as to Specific Property (Final as to the Defendant), filed November 9, 2021 as Document 25 in United States of America v. Azhar Rana, Case 2:21-cr-00527-ES, U.S. District Court for the District of New Jersey. The order recites that on July 1, 2021 the defendant pleaded guilty to a two-count Information charging bank fraud, 18 U.S.C. § 1344 (Count One), and money laundering, 18 U.S.C. § 1957 (Count Two), and agreed that the aggregate value of the property was $5,677,473.00. It states that a Consent Judgment and Order of Forfeiture entered a money judgment of $5,677,473.00 on September 7, 2021 and forfeits the defendant's interest in the specific property listed in Schedule A, two Discover Bank accounts. The order sets notice and third-party petition procedures under 21 U.S.C. § 853(n) and retains jurisdiction.

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  Case 2:21-cr-00527-ES Document 25 Filed 11/09/21 Page 1 of 7 PageID: 132




2020R00S59 /JSK/ SD /jw


                          UNITED STATES DISTRICT COURT
                             DISTRICT OF NEW JERSEY


UNITED STATES OF AMERICA                       lion. Esther Salas, U.S.D.J.

                v.                       :     Grim. No. 2 1-527

AZHAR RANA,                                    SECOND CONSENT JUDGMENT
                                               AND PRELIMINARY ORDER OF
                Defendant.                     FORFEITURE AS TO
                                               SPECIFIC PROPERTY (FINAL AS
                                               TO THE DEFENDANT)



        On July 1, 2021, defendant Azhar Rana (the “defendant”) pleaded guilty,

pursuant to a plea agreement with the United States, to a two-count

Information (the “Information”) charging him with bank fraud, in violation of 18

U.S.C. § 1344 (Count One) and money laundering, in violation of 18 U.S.C.

§ 1957 (Count Two). In the plea agreement, the defendant agreed to forfeit (i)
pursuant to 18 U.S.C. § 982(a)(2), any property, real or personal, constituting,

or derived from, proceeds obtained directly or indirectly as a result of the bank

fraud offense charged in Count One of the Information; and (ii) pursuant to 18

U.S.C. § 982(a)(l), any and all property involved in, or traceable to, the money

laundering offense charged in Count Two of the Information. The defendant

further agreed that aggregate value of such property was $5,677,473.00.

        In thc plea agreement, the defendant further acknowledged that one or

more of the criteria set forth in 21 U.S.C. § 853(p) are met, entitling the United
  Case 2:21-cr-00527-ES Document 25 Filed 11/09/21 Page 2 of 7 PageID: 133




States to forfeit substitute assets of the defendant in an amount not to exceed

$5,677,473.00.

      On September 7, 2021, the Court entered a Consent Judgment

And Order of Forfeiture (Money Judgment) and Preliminary Order of Forfeiture

as to Specific Property (Final as to the Defendant) entering a money judgment

in the amount of $5,677,473.00 (the “Money Judgment”).

      The defendant now additionally agrees to forfeit all of the defendant’s

right, title, and interest in the specific properties listed in Schedule A hereto

(the “Specific Property”), which the defendant admits have the requisite nexus

to the offenses charged in Counts One and Two of the Information and

therefore are forfeitable to the United States of America pursuant to 18 U.S.C.

§ 982(a)(1) and 982(a) (2), with any forfeited money and the net proceeds
derived from the sale of forfeited specific property to be applied to the Money

Judgment, in partial satisfaction thereoL

      WHEREAS, the provisions of 21 U.S.C. § 853(n) (as incorporated by 18

U.S.C. § 982(b)(1)) require publication and notice to third parties known to

have alleged an interest in forfeited specific property and the disposition of any

petitions filed under 21 U.S.C. § 853(n) before the United States may have clear

title to such property; and

      WHEREAS, in the plea agreement, the defendant furthcr waived the

requirements of Rules 32.2 and 43(a) of the Federal Rules of Criminal

Procedure regarding notice of the Forfeiture in the charging instrument,

announcement of the forfeiture at sentencing, and incorporation of the

                                         -2-
  Case 2:21-cr-00527-ES Document 25 Filed 11/09/21 Page 3 of 7 PageID: 134




forfeiture in the judgment; acknowledged he understood that the imposition of

the Money Judgment is part of the sentence that may be imposed in this case;

waived any failure by the court to advise him of this pursuant to Rule

I l(bfll)(J) of the Federal Rules of Criminal Procedure at the guilty plea

proceeding; and waived any and all claims that the forfeiture constitutes an

excessive fine and agreed that the forfeiture does not violate the Eighth

Amendment. The defendant further acknowledged that any forfeiture of his

assets shall not be treated as satisfaction of any fine, restitution, cost of

imprisonment, or any other penalty the Court may impose upon him in

addition to forfeiture.

      Having considered the plea agreement, the record as a whole, and the

applicable law, it is hereby ORDERED, ADJUDGED, AND DECREED AS

FOLLOWS:

      I.     As a result of the defendant’s conviction of the bank fraud offense

charged in Count One of the Information and the money laundering offense

charged in Count Two of the Information, pursuant to 18 U.S.C. § 982(a)(1)

and (a)(2), and Fed. R. Crim. P. 32.2(b)(1) and (b)(2), and based upon the plea

agreement, all of the defendant’s right, title, and interest in the specific

property set forth in Schedule A hereto (the “Specific Property”) is hereby

forfeited to the United States of America for disposition according to law,

subject to the provisions of 21 U.S.C. § 853.




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       2.    Any forfeited money and the net proceeds derived from the sale of

forfeited property vill be applied to the Money Judgment until the Money

Judgment is satisfied in full.

       3.    Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal

Procedure, this Order of Forfeiture shall be final against the defendant, shall be

made part of the sentence of defendant, and shall be included in the judgment

of conviction therewith.

      4.     Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal

Procedure, the United States Marshals Service, its agent or designee shall

maintain or take possession of the Specific Property and hold such property in

its secure custody and control.

      5.     Pursuant to 21 U.S.C. § 853(n)(l) and Rule 32.2(b)(6) of the

Federal Rules of Criminal Procedure, the United States shall publish notice of

this Order for at least 30 consecutive days on the government internet site

www.forfeiture.gov. The United States shall also send notice of this Order to

any person who reasonably appears to be a potential claimant with standing to

contest the forfeiture in the ancillary proceeding.

      6.     Pursuant to Fed R. Crim. P. 32.2(b)(6) and 21 U.S.C. § 853(n)(2)

and (nfl3), the notice of forfeiture must describe the forfeited property with

reasonable particularity, state the times by which a petition contesting the

forfeiture must be filed, and state the name and contact information for the

government attorney to be sen’ed with the petition. The notice shall also state

that the petition (i) shall be for a hearing to adjudicate the validity of the


                                         -4-
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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 petitioners 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.

      7.     Any person, other than the defendant, claiming interest in the

Specific Property must file a petition within 60 days from the first day of

publication of notice on the government internet site, or no later than 35 days

from the mailing of direct notice, whichever is earlier, pursuant to Rule

32.2(b) (6) of the Federal Rules of Criminal Procedure and Rule 0(4) and 0(5) of

the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture

Actions.

      8.     Upon adjudication of all third-party interests, the Court will enter

a final order of forfeiture pursuant to 21 U.S.C. § 853(n)(7) and Fed. R. Crim.

P. 32.2(c)(2), in which all interests will be addressed.

      9.    This Order shall be deemed part of the sentence of the deFendant,

and shall be included in the judgment of conviction therewith.

      10.   This Court shall retain jurisdiction to enforce this Order and to

amend it as necessary.

      ORDERED                                              ,2021.



                                 H N.     THE    SALAS,LLS.D.J.


                                         -5-
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The undersigned hereby consent to
the entry and form of this Order:

RACHAEL A. HONIG
Acting United Slates Attorney


                                                     Dated:   11/ Y/
3JENNIFR. KbzA
A     stanN1ited States Attorney




      AM PURPURA, ESQ
                                                     Dated:    1’ /3 jit
Attorney for Defendant Azhar Rana



                                                     Dated:          zr
AZHAR RANA, Defendant




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 Case 2:21-cr-00527-ES Document 25 Filed 11/09/21 Page 7 of 7 PageID: 138




                                Schedule A

a. An accounl at Discover Bank ending in 1704 in the name of Azhar Sanvar
   Rana; and

b. An account at Discover Bank ending in 2100 in the name of Azhar Sanvar
   Rana.


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