United States' Motion for Preliminary Order of Forfeiture — United States v. David Epstein (Dkt. 35)

Summary

A United States' Motion for Preliminary Order of Forfeiture filed March 25, 2025 in United States of America v. David Epstein, Criminal No. RDB-23-210, in the United States District Court for the District of Maryland (Document 35). The motion asks the court to issue a Preliminary Order of Forfeiture and states that on June 14, 2023 a grand jury returned an Indictment charging Epstein with Wire Fraud, in violation of 18 U.S.C. § 1343 (Counts One to Five). It states that on October 8, 2024 Epstein pled guilty to the offense alleged in Count Three and that the United States is entitled to a forfeiture money judgment of $1,307,170.00 in U.S. currency. The signature block names Kelly O. Hayes, United States Attorney, and Paul A. Riley, Assistant United States Attorney.

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       Case 1:23-cr-00210-RDB           Document 35       Filed 03/25/25      Page 1 of 3



                      IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA                      *
                                              *
       v.                                     *    CRIMINAL NO. RDB-23-210
                                              *
DAVID EPSTEIN,                                *
                                              *
               Defendant                      *
                                              *
                                           *******

     UNITED STATES’ MOTION FOR PRELIMINARY ORDER OF FORFEITURE

       The United States of America, by its undersigned attorneys, respectfully moves this Court

for the issuance of a Preliminary Order of Forfeiture in the above-captioned case pursuant to 18

U.S.C. §§ 981(a)(1)(C) and 982, and 28 U.S.C. § 2461 (c), 21 U.S.C. § 853(p), and Rule 32.2(b)

of the Federal Rules of Criminal Procedure. A proposed Preliminary Order of Forfeiture is

submitted herewith. In support thereof, the United States sets forth the following:

       1.      On June 14, 2023, a federal grand jury sitting in the District of Maryland returned

an Indictment, charging David Epstein (the “Defendant”) with Wire Fraud, in violation of 18

U.S.C. § 1343 (Counts One to Five), and Money Laundering, in violation of 18 U.S.C. § 1957

(Counts Six to Eight). ECF No. 1.

       2.      The Indictment also included a forfeiture allegation which provided notice that

the United States intended to seek forfeiture, pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982, and

28 U.S.C. § 2461 (c), 21 U.S.C. § 853(p), upon conviction of the Defendant of the offenses

alleged in Counts One to Eight of the Indictment.

       3.      On October 8, 2024, the Defendant pled guilty to the offense alleged in Count

Three of the Indictment. ECF. No. 23. As part of his guilty plea, the Defendant agreed to entry of

an order of forfeiture to include a money judgment in the amount of at least $1,307,170.00 in
        Case 1:23-cr-00210-RDB          Document 35        Filed 03/25/25      Page 2 of 3



U.S. currency equal to the value of the property derived from, or otherwise involved in, the

Defendant’s offense. Id. ¶ 12.

       4.      In support of his guilty plea, the Defendant executed a Stipulation of Facts in

which the Defendant admitted that from approximately May 2020 through February 2021, the

Defendant engaged in a scheme to defraud financial institutions and the United States Small

Business Administration (SBA), to obtain fraudulent loans for his business PEI Staffing (PEI), a

temporary staffing company, under the Paycheck Protection Program (PPP), and the Economic

Injury Disaster Loan (EIDL) program. ECF 23.

       5.      Pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982, and 28 U.S.C. § 2461 (c), 21

U.S.C. § 853(p), and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United

States is now entitled to a forfeiture money judgment in the amount of $1,307,170.00 in U.S.

currency against the Defendant.

       6.      Further, the United States may move at any time, pursuant to Rule 32.2(e)(1)(B)

of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(p), to forfeit any property of the

defendant up to the value of the forfeiture money judgment included in the Preliminary Order of

Forfeiture. Upon issuance of any order forfeiting specific property, the United States will

publish notice in accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6) of the Federal Rules

of Criminal Procedure.

       7.      The United States also seeks permission to conduct any discovery that might be

necessary to identify, locate, or dispose of forfeited property, pursuant to Rule 32.2(b)(3) of the

Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m).




                                                 2
       Case 1:23-cr-00210-RDB          Document 35         Filed 03/25/25      Page 3 of 3



       WHEREFORE, the United States requests that this Court:

       (a)    enter the Preliminary Order of Forfeiture in the form submitted herewith;

       (b)    include the forfeiture, as set forth in the Preliminary Order of Forfeiture, in the

oral pronouncement of the Defendant’s sentence;

       (c)    retain jurisdiction for the purpose of enforcing the forfeiture; and

       (d)    incorporate the Preliminary Order of Forfeiture in the criminal judgment entered

against the Defendant, pursuant to Federal Rule of Criminal Procedure 32.2(b)(4).



                                                     Respectfully submitted,

                                                     Kelly O. Hayes
                                                     United States Attorney

                                             By:     /s/
                                                     Paul A. Riley
                                                     Assistant United States Attorney




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