Consent Preliminary Order of Forfeiture/Money Judgment — United States v. Benjamin (S.D.N.Y., Document 102)

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A Consent Preliminary Order of Forfeiture/Money Judgment filed February 2, 2024 as Document 102 in United States v. Tatiana Benjamin, 21 Cr. 729 (LAK), in the United States District Court, Southern District of New York. It recites that the Defendant was charged in three counts of a five-count Indictment, including wire fraud, conspiracy to commit wire fraud and aggravated identity theft, and pled guilty to Count Two under a plea agreement. The order provides for a money judgment of $51,088 in United States currency, representing proceeds traceable to Count Two, and authorizes the United States to seek forfeiture of substitute assets up to the uncollected amount. Payments go to the United States Marshals Service, and the Court retains jurisdiction to enforce the order.

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       Case 1:21-cr-00729-LAK Document 102 Filed 02/02/24 Page 1 of 4




                                                                                        ~-~I'
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
                                                                            L-   '~~2-ln
---------------------------------- x

UNITED STATES OF AMERICA,
                                                         CONSENT PRELIMINARY ORDER
               - v. -                                    OF FORFEITURE/
                                                         MONEY JUDGMENT
TATIANA BENJAMIN,
     a/k/a "Ta Banks,"                                   21 Cr. 729 (LAK)
     a/k/a "Lyric Muvaa,"

                    Defendant.
----------------------------------x

               WHEREAS, on or about December 1, 2021 , TATIANA BENJAMIN, a/le/a "Ta

Banks," a/l<la "Lyric Muvaa" (the "Defendant"), among others, was charged in three counts of a

five-count Indictment 21 Cr. 729 (LAK) (the "Indictment"), with wire fraud, in violation of Title

18, United States Code, Sections 1343 and 2 (Count One); conspiracy to commit wire fraud, in

violation of Title 18, United States Code, Section 1349 (Count Two); and aggravated identity theft,

in violation of Title 18, United States Code, Section 1028A (Count Four);

               WHEREAS, the Indictment included a forfeiture allegation as to Count Two 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 2461(c), of any property, real or

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

charged in Count 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 offense

charged in Count Two of the Indictment;

               WHEREAS, on or about November __ , 2022, the Defendant pied guilty to

Count-Two of the Indictment, pursuant to a plea agreement with the Government, wherein the
      Case 1:21-cr-00729-LAK Document 102 Filed 02/02/24 Page 2 of 4




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

agreed to forfeit to the United States, pursuant to Title 18, United States Code, Section

981(a)(l)(C) and Title 28, United States Code, Section 2461(c), a sum of money equal to $51,088

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

charged in Count Two of the Indictment;

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

amount of $51,088 in United States cunency, representing the amount of proceeds traceable to the

offense charged in Count Two 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 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

Attorney Michael D. Neff, and the Defendant and her counsel, Thomas Farinella, Esq., that:

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

the Defendant pled guilty, a money judgment in the amount of $51,088 in United States currency

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

Count Two of the Indictment that the Defendant personally obtained, shat! 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 TATIANA

BENJAMIN, and shall be deemed part of the sentence of the Defendant, and shall be included in

the judgment of conviction therewith.
      Case 1:21-cr-00729-LAK Document 102 Filed 02/02/24 Page 3 of 4




                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 prope1ty, 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.




                 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
            Case 1:21-cr-00729-LAK Document 102 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:
j i
      DAMIAN WILLIAMS
      United States Attorney for the
      Southern District ofNew York


      By:                                                                 11/23/2022
             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


      TATIANA BENJAMIN


      By:
            b ikmr -                                                      l}i r~ l20l2.-
                                                                          DATE




      By:

             Attorney for Defendant
             The Law Office of Thomas A. Farinella
             260 Madison A venue, 8th floor
             New York, NY 11426




      SOORD~~


      THE HONORABLE LEWIS A. KAPLAN                                      DATE
      UNITED STATES DISTRICT JUDGE
      SOUTHERN DISTRICT OF NEW YORK


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