Preliminary Order of Forfeiture — United States v. David Epstein (Dkt. 35.1)

Summary

A Preliminary Order of Forfeiture 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 35-1, filed March 25, 2025. It recites that on June 14, 2023 a grand jury returned an Indictment charging Epstein with Wire Fraud, 18 U.S.C. § 1343 (Counts One to Five), and that on October 8, 2024 Epstein pled guilty to the offense alleged in Count Three. The order, with a signature block for The Honorable Richard D. Bennett, would grant the United States' Motion for a Preliminary Order of Forfeiture and enter a forfeiture money judgment of $1,307,170.00 in U.S. currency against the Defendant. It would also authorize the United States to conduct discovery to identify, locate, or dispose of forfeited property.

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      Case 1:23-cr-00210-RDB            Document 35-1        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                      *
                                              *
                                           *******

                        PRELIMINARY ORDER OF FORFEITURE

       WHEREAS, 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);

       WHEREAS, the Indictment also included a forfeiture allegation, 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), which provided notice

that the United States intended to seek forfeiture, upon conviction of the Defendant, of the

offenses alleged in Counts One to Eight of the Indictment;

       WHEREAS, on October 8, 2024, the Defendant pled guilty to the offense alleged in

Count Three of the Indictment;

       WHEREAS, as part of his guilty plea, the Defendant agreed to entry of an order of

forfeiture, as part of the Defendant’s sentence, to include a money judgment of at least

$1,307,170.00 in U.S. currency equal to the value of the property derived from, or otherwise

involved in, the Defendant’s offense;

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



States is now entitled to a Preliminary Order of Forfeiture imposing a money judgment in the

amount of $1,307,170.00 in U.S. currency against the Defendant;

       ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED that:

       1.      The United States’ Motion for a Preliminary Order of Forfeiture is GRANTED.

       2.      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 of the Federal Rules of Criminal Procedure, a forfeiture money

judgment in the amount of $1,307,170.00 in U.S. currency is hereby entered against the

Defendant.

       3.      The Defendant shall remain personally liable until the judgment is satisfied. The

value of any substitute assets shall be credited toward the satisfaction of the money judgment.

Likewise, the value of any directly forfeitable property that is forfeited as the proceeds of the

offense shall also be credited toward the satisfaction of the money judgment, but property

forfeited as property used to commit or to facilitate the commission of the offense shall not be so

credited.

       4.      The United States is authorized to conduct any discovery that might be necessary

to identify, locate, or dispose of forfeited property, and to resolve any third-party petition,

pursuant to Rule 32.2(b)(3), (c)(1)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C.

§ 853(m).

       5.      Pursuant to Rule 32.2(b)(6) and (c)(1), no third-party notice or ancillary

proceeding is required to the extent that this Order consists solely of a money judgment.

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

Preliminary Order of Forfeiture will become final as to the Defendant at the time of his




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



sentencing, will be part of the Defendant’s criminal sentence, and will be included in the

criminal judgment entered by this Court against him.

       7.      The Court shall retain jurisdiction in this matter for the purpose of enforcing this

Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend

this Order, or enter other orders as necessary, to forfeit additional specific property or substitute

property when identified.

SO ORDERED this _____________ day of _______________, 2025.



                                                       The Honorable Richard D. Bennett
                                                       United States District Judge




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