Final Order of Forfeiture — No. 1:21-cr-00649 (Dkt. 47, S.D.N.Y.)
Summary
A final order of forfeiture of the U.S. District Court for the Southern District of New York in United States v. Marcus Frazier, 21 Cr. 649 (VEC), docketed as 1:21-cr-00649, entered as Document 47 of 4 pages in 2026 and signed by Honorable Valerie E. Caproni, United States District Judge. It recites that the Court entered, on or about October 25, 2021, a Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment at D.E. 17, forfeiting all of the defendant's right, title and interest in $853,138.89 and $1,143.40 in United States currency formerly on deposit in two HSBC Bank accounts held in the name Marcus James Frazier, both seized by the Government on or about April 26, 2021. The order makes the forfeiture final and directs disposition of the property under Title 21, United States Code, Section 853(h).
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“Final Order of Forfeiture — No. 1:21-cr-00649 (Dkt. 47, S.D.N.Y.).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/final-order-of-forfeiture-no-1-21-cr-00649-dkt-47-s-d-n-y-787028884b/
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Case 1:21-cr-00649-VEC Document 47 Filed 02/17/26 Page 1 of 4
USDC SDNY
DOCUMENT
UNITED STATES DISTRICT COURT ELECTRONICALLY FILED
SOUTHERN DISTRICT OF NEW YORK DOC #:
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:
UNITED STATES OF AMERICA :
: 21 Cr. 649 (VEC)
- v. - :
: FINAL ORDER OF FORFEITURE
MARCUS FRAZIER, :
:
Defendant. :
:
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WHEREAS, on or about October 25, 2021, this Court entered a Consent Preliminary Order
of Forfeiture as to Specific Property/Money Judgment (the Preliminary Order of Forfeiture)
(D.E. 17), which ordered the forfeiture to the United States of all right, title and interest of
MARCUS FRAZIER (the Defendant) in the following property:
a. All right, title, and interest of the Defendant in $853,138.89 in United States
currency formerly on deposit in HSBC Bank Account No.: 005014239 held in
the name Marcus James Frazier, which was seized by the Government on or
about April 26, 2021; and
b. All right, title, and interest of the Defendant in $1,143.40 in United States
currency formerly on deposit in HSBC Bank Account No.: 005014212 held in
the name Marcus James Frazier, which was seized by the Government on or
about April 26, 2021
(a. and b., together, the Specific Property);
WHEREAS, the Preliminary Order of Forfeiture directed the United States to publish, for
at least thirty (30) consecutive days, notice of the Preliminary Order of Forfeiture, notice of the
United States intent to dispose of the Specific Property, and the requirement that any person
asserting a legal interest in the Specific Property must file a petition with the Court in accordance
with the requirements of Title 21, United States Code, Sections 853(n)(2) and (3). Pursuant to
Section 853(n), the United States could, to the extent practicable, provide direct written notice to
Case 1:21-cr-00649-VEC Document 47 Filed 02/17/26 Page 2 of 4
any person known to have an alleged interest in the Specific Property and as a substitute for
published notice as to those persons so notified;
WHEREAS, the provisions of Title 21, United State Code, Section 853(n)(1), Rule
32.2(b)(6) of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(5)(a)(ii) of
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, require
publication of a notice of forfeiture and of the Governments intent to dispose of the Specific
Property before the United States can have clear title to the Specific Property;
WHEREAS, the Notice of Forfeiture and the intent of the United States to dispose of the
Specific Property was posted on an official government internet site (www.forfeiture.gov)
beginning on July 29, 2022, for thirty (30) consecutive days, through August 27, 2022, pursuant
to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty and Maritime Claims and Asset
Forfeiture Actions and proof of such publication was filed with the Clerk of the Court on February
17, 2026 (D.E. 44);
WHEREAS, on or about October 3, 2023, the Notice of the Preliminary Order of Forfeiture
was sent by Certified Mail, return receipt requested, to the following:
Lending Club Bank, N.A
595 Market Street, #200
San Francisco, CA 94015
(Noticed Party-1);
WHEREAS, on or about October 3, 2023, the Notice of the Preliminary Order of Forfeiture
was sent by Electronic Mail, to the following:
Small Business Administration (SBA)
409 3rd St SW
Washington, DC 20416
Email: LEORequests@sba.gov
(Noticed Party-2);
2
Case 1:21-cr-00649-VEC Document 47 Filed 02/17/26 Page 3 of 4
WHEREAS, on or about November 29, 2023, the Notice of the Preliminary Order of
Forfeiture was sent by Certified Mail, return receipt requested, to the following:
BSD Capital, LLC d/b/a Lendistry
777 S. Alameda Street, 2nd Floor
Los Angeles, CA 90021
(Noticed Party-3 and, together with Noticed Party-1 and the Noticed Party-2, the Noticed
Parties);
WHEREAS, thirty (30) days have expired since final publication of the Notice of
Forfeiture and no petitions or claims to contest the forfeiture of the Specific Property have been
filed;
WHEREAS, the Defendant the Noticed Parties are the only individuals and/or entities
known by the Government to have a potential interest the Specific Property; and
WHEREAS, pursuant to Title 21, United States Code, Section 853(n)(7), the United States
shall have clear title to any forfeited property if no petitions for a hearing to contest the forfeiture
have been filed within thirty (30) days of final publication of notice of forfeiture as set forth in
Title 21, United States Code, Section 853(n)(2);
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
1. All right, title and interest in the Specific Property is hereby forfeited and vested in
the United States of America, and shall be disposed of according to law.
2. Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of
America shall and is hereby deemed to have clear title to the Specific Property.
3
Case 1:21-cr-00649-VEC Document 47 Filed 02/17/26 Page 4 of 4
3. The United States Marshals Service (or its designee) shall take possession of the
Specific Property and dispose of the same according to law, in accordance with Title 21, United
States Code, Section 853(h).
Dated: New York, New York
, 2026
SO ORDERED:
____________________________________
HONORABLE VALERIE E. CAPRONI
UNITED STATES DISTRICT JUDGE
4
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