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Judgment — United States v. Abraham et al. (Dkt. 303, E.D.N.Y.)

Summary

A judgment in a criminal case for Bryan Abraham, Case Number 1:21CR00411-001(WFK), in the U.S. District Court for the Eastern District of New York, signed by Hon. William F. Kuntz, II and filed May 22, 2025 as Document 303. Bryan Abraham pleaded guilty to Counts 1 and 8 of a 13-count Indictment, conspiracy to commit access device fraud and aggravated identity theft; Count Two is dismissed on the motion of the United States. The court imposes 36 months of custody on Count One and a mandatory 24 months on Count Eight, consecutive to Count 1, followed by two years of supervised release with standard and special conditions. The judgment also sets out forfeiture terms, including a Forfeiture Money Judgment and seized assets.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Judgment — United States v. Abraham et al. (Dkt. 303, E.D.N.Y.).” Original at ecf.nyed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-united-states-v-abraham-et-al-dkt-303-e-d-n-y-e6bb369aed/, SHA-256 6b08906b444077ef64c925a6ea6cf7cbfbcc2c61415ea66382c92020e78bc537.

Full text

       Case 1:21-cr-00411-WFK                        Document 303              Filed 05/22/25              Page 1 of 15 PageID #: 1334

AO 2458 (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet I



                                          UNITED STATES DISTRlCT COURT
                                                         Eastern District of New York
                                                                           )
              UNITED STATES OF AM ERICA                                    )       JUDGMENT IN A CRIMINAL CASE
                                  V.                                       )
                         Bryan Abraham                                     )
                                                                           )       Case N umber: 1:21CR00411-001(WFK)
                                                                           )       USM Number: 45704-509
                                                                           )
                                                                           )        Benjamin Z. Yaster, FDNY
                                                                           )       Defcmlnnt 's Attorney
THE DEFENDANT:
~ pleaded guilty to count(s)           Counts 1 and 8 of a 13 - count Indictment.
D pleaded nolo contenderc to count(s)
  whi ch was accepted by the court.
D was found guilty on count(s)
  after a pica of not gu ilty.

The defendant is adjudicated guilty of these offenses:

Title & Section                  Na ture of Offense                                                            Offense Ended               Count
18 U.S.C. §§ 1029(a)(2),          Conspiracy to Commit Access Device Fraud                                     4/30/2021

(a)(5), and (b)(2)

18 U.S.C. § 1028(a)(1),          Aggravated Identity Theft                                                     12/31/2020            8

       The defendant is sentenced as provided in pages 2 through          _ _9_ _ o f this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
D The defendant has been found not gui lty on count(s)
0 Count(s)       Count Two (2)                          li1 is     Dare dismissed on the motion of the Un ited States.
               - - - -- '--'--------
          It is ordered that the defendant must notify the United States attorney for this distri ct within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by th is judgment are fully paid. If ordered to pay restitution,
the dcfe noant must notify the court and United States attorney of material changes in economi c circumstances.


                                                                          Dale of Imposition of Judgment



                                                                                              s/ WFK

                                                                           Hon. William F. Kuntz, II                                         U.S.D.J.




                                                                          Date
                                                                                                                                     ..,
     Case 1:21-cr-00411-WFK                          Document 303   Filed 05/22/25   Page 2 of 15 PageID #: 1335

AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet IA
                                                                                         Judgment-Page ___   L   of _ _ __J)~-
DEFENDANT: Bryan Abraham
CASE NUMBER: 1:21 CR00411-001 (WFK)

                                           ADDITIONAL COUNTS OF CONVICTION

Title & Section                   Nature of Offense                                  Offense Ended           Count
(b), (c)(4), and (c)(S)
       Case 1:21-cr-00411-WFK                     Document 303          Filed 05/22/25         Page 3 of 15 PageID #: 1336

AO 245B (Rev. 09/19) Judgment in Criminal Case
                     Sheet 2 - Imprisonment

                                                                                                  Judgment- Page -~3- of     9
DEFENDANT: Bryan Abraham
CASE NUMBER: 1:21 CR00411-001 (WFK)

                                                           IMPRISONMENT
          The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of:

 On Count One (1) 36 months of custody; On Count Eight (8) 24 months of custody (mandatory term of imprisonment;
 consecutive to Count 1).



      ~ The court makes the following recommendations to the Bureau of Prisons:

           The Defendant be considered for placement in a facility as close possible to the New York City area to help facilitate
           family ties.



      D The defendant is remanded to the custody of the United States Marshal.

      D The defendant shall surrender to the United States Marshal for this district:
          D at                                    D a.m.    D p.m.       on

          D as notified by the United States Marshal.

      ~ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
          ~ before 2 p.m. on           9/2/2025
          D as notified by the United States Marshal.
          D as notified by the Probation or Pretrial Services Office.


                                                                RETURN
I have executed this judgment as follows:




          Defendant delivered on                                                        to

at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , with a certified copy of this judgment.



                                                                                                UNITED STA TES MARSHAL


                                                                        By
                                                                                             DEPUTY UNITED STATES MARSHAL
       Case 1:21-cr-00411-WFK                       Document 303         Filed 05/22/25           Page 4 of 15 PageID #: 1337

AO 245B (Rev. 09/19) Judgment in a Criminal Case
                     Sheet 3 - Supervised Release
                                                                                                        Judgment-Page ___A__ of - - - - - ' 9 ; . _ _ _
DEFENDANT: Bryan Abraham
CASE NUMBER: 1:21 CR00411-001 (WFK)
                                                       SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:

 Two (2) years of Supervised Release with Standard and Special conditions.




                                                     MANDATORY CONDITIONS
I.    You must not commit another federal, state or local crime.
2.    You must not unlawfully possess a controlled substance.
3.    You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from
      imprisonment and at least two periodic drug tests thereafter, as determined by the court.
                D The above drug testing condition is suspended, based on the court's determination that you
                    pose a low risk of future substance abuse. (check ifapplicable)
4.     Iii' You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
            restitution. (check ifapplicable)
5.     D You must cooperate in the collection of DNA as directed by the probation officer. (checkifapplicable)
6.     D You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C.§20901, et seq.) as
            directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you
            reside, work, are a student, or were convicted of a qualifying offense. (check ifapplicable)
7.     D You must participate in an approved program for domestic violence. (check ifapplicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
       Case 1:21-cr-00411-WFK                     Document 303            Filed 05/22/25           Page 5 of 15 PageID #: 1338

AO 2458 (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 3A - Supervised Release
                                                                                                Judgment-Page    ___5__ of _ _ _9___
DEFENDANT: Bryan Abraham
CASE NUMBER: 1:21CR00411-001(WFK)

                                       STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1.     You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
       release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
       frame.
2.     After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
       when you must report to the probation officer, and you must report to the probation officer as instructed.
3.     You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the
       court or the probation officer.
4.     You must answer truthfully the questions asked by your probation officer.
5.     You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
       arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
       the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
       hours of becoming aware of a change or expected change.
6.     You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
       take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7.     You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
       doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
       you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
       responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
       days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
       becoming aware of a change or expected change.
8.     You must not communicate or interact with someone you know is engaged in criminal activity. lfyou know someone has been
       convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
       probation officer.
9.     If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
I 0.   You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was
       designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11.    You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
       first getting the permission of the court.
12.    If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
       require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
       person and confirm that you have notified the person about the risk.
13.    You must follow the instructions of the probation officer related to the conditions of supervision.



U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov:

Defendant's Signature                                                                                     Date
                                                                                                                 ------------
     Case 1:21-cr-00411-WFK                       Document 303   Filed 05/22/25       Page 6 of 15 PageID #: 1339
AO 2458 (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 3D - Supervised Release
                                                                                           Judgment-Page ~6 _     of      9
DEFENDANT: Bryan Abraham
CASE NUMBER: 1:21 CR00411-001 (WFK)

                                         SPECIAL CONDITIONS OF SUPERVISION
 The defendant shall comply with the restitution order.


 Upon request, the defendant shall provide the U.S. Probation Department with full disclosure of his financial records,
 including co-mingled income, expenses, assets and liabilities, to include yearly income tax returns. With the exception of
 the financial accounts reported and noted within the presentence report, the defendant is prohibited from maintaining
 and/or opening any additional individual and/or joint checking, savings, or other financial accounts, for either personal or
 business purposes, without the knowledge and approval of the U.S. Probation Department. The defendant shall cooperate
 with the Probation Officer in the investigation of his financial dealings and shall provide truthful monthly statements of
 income and expenses. The defendant shall cooperate in the signing of any necessary authorization to release information
 forms permitting the U.S. Probation Department access to financial information and records.


 The defendant shall submit to a mental health treatment evaluation and, if deemed necessary, participate in a mental
 health treatment program as selected by the Probation Department. The defendant shall contribute to the cost of such
 services rendered and/or any psychotropic medications prescribed to the degree he is reasonably able and shall
 cooperate in securing any applicable third-party payment. The defendant shall disclose all financial information and
 documents to the Probation Department to assess his ability to pay.
      Case 1:21-cr-00411-WFK                        Document 303                   Filed 05/22/25           Page 7 of 15 PageID #: 1340
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 5 - Criminal Monetary Penalties
                                                                                                             Judgment- Page       7    of        9
DEFENDANT: Bryan Abraham
CASE NUMBER: 1:21CR00411-001(WFK)
                                               CRIMINAL MONETARY PENALTIES
      The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.


                       Assessment            Restitution                    Fine                      AV AA Assessment*           JVTA Assessment**
TOTALS            $    200.00               $ 579,862.00                $                         $                           $



 D    The determination of restitution is deferred until _ _ _ _ _ . An Amended Judgment in a Criminal Case (AO 245C) will be
      entered after such determination.

 D    The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

      If the defendant makes a partial payment, each payee shall receive an approximately proQortioned payment, unless specified otherwise in
      the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664{1), all nonfederal victims must be paid
      before the United States is paid.

 Name of Payee                                                  Total Loss***                     Restitution Ordered         Priority or Percentage




TOTALS                                $                         0.00               $                        0.00
                                                                                       ----------

 D     Restitution amount ordered pursuant to plea agreement $

 D    The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
      fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
      to penalties for delinquency and default, pursuant to 18 U.S.C. § 36 I 2(g).

 D     The court determined that the defendant does not have the ability to pay interest and it is ordered that:

       D   the interest requirement is waived for the           D   fine     D     restitution.

       D   the interest requirement for the         D    fine       D   restitution is modified as follows:

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking A.ct of2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters I 09A, 110, 11 OA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.
      Case 1:21-cr-00411-WFK                       Document 303           Filed 05/22/25         Page 8 of 15 PageID #: 1341
AO 2458 (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 6 - Schedule of Payments
                                                                                                         Judgment -   Page ___8_ of            9
DEFENDANT: Bryan Abraham
CASE NUMBER: 1:21 CR00411-001 (WFK)


                                                        SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:

A     ll1     Lump sum payment of$        200.00_____ ---- due immediately, balance due

              □    not later than                                 , or
              □    in accordance with □ C,          □    D,   □    E,or     D F below; or
B     □       Payment to begin immediately (may be combined with          □ c,      D D,or      D F below); or
C     D Payment in equal   _ _ _ _ _ (e.g., weekly, monthly, quarterly) installments of $ _ _ _ over a period of
             _____ (e.g., months or years), to commence _ _ _ _ _ (e.g., 30 or 60 days) after the date of this judgment; or

D     D Payment in equal           _ _ _ _ _ (e.g., weekly, monthly, quarter(v) installments of $ _ _ _ over a period of
             _ _ _ _ _ (e.g., months or years), to commence _ _ _ _ _ (e.g., 30 or 60 days) after release from imprisonment to a
              term of supervision; or

E     D Payment during the term of supervised release will commence within _ _ _ _ _ (e.g., 30 or 60 days) after release from
              imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

F     liZI    Special instructions regarding the payment of criminal monetary penalties:

               Due immediately and payable at a rate of $25 per quarter while in custody and 10% of gross monthly
               income while on supervised release.



Unless the court has expressly ordered otherwise, ifthis judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate
Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.



D     Joint and Several

      Case Number
      Defendant and Co-Defendant Names                                               Joint and Several                 Corr~sponding_ Payee,
      (including defendant number)                        Total Amount                    Amount                           1f appropriate




D     The defendant shall pay the cost of prosecution.

D The defendant shall pay the following court cost(s):
D The defendant shall forfeit the defendant's interest in the following property to the United States:


Payments shall be aJ?plied in the following order: (I) assessment, (2) restitution princi_pal, (3) restitution interest, (4) AVAA assessment,
(SJ fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, mcluding cost of
prosecution and court costs.                                                                                                             •
     Case 1:21-cr-00411-WFK                       Document 303   Filed 05/22/25     Page 9 of 15 PageID #: 1342
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 68 - Schedule of Payments
                                                                                         Judgment-Page ___[_ of   9
DEFENDANT: Bryan Abraham
CASE NUMBER: 1:21 CR00411-001 (WFK)

                                            ADDITIONAL FORFEITED PROPERTY
   Per the plea agreement, the defendant consents tot he entry of the forfeiture money judgment in an amount of
   $609,592.87.

   ***See attached Order of Forfeiture.
Case 1:21-cr-00411-WFK
   FR:TRP                        Document 303 Filed 05/22/25                Page 10 of 15 PageID #:
   F.#2020R00998                            1343

   UNITED STATES DISTRICT COURT
   EASTERN DISTRICT OF NEW YORK
  ----------------X
  UNITED STATES OF AMERICA                           PRELIMINARY ORDER OF FORFEITURE

              -against-                              21-CR-0411 (WFK)

  BRYAN ABRAHAM,

                             Defendant.

  ----------------X
                 WHEREAS, on or about January 26, 2023, Bryan Abraham (the "defendant''),

  entered a plea of guilty to the offense charged in Counts One and Eight of the above-

  captioned Indictment, charging violations of Ia]a~3Z~tiff029{6.)12, and iD2fA(a)(l); and

                 WHEREAS, pursuant to f~BfS:Cf!ff,§ffQ82(a)(2)~ and t~~tt)(.C), the

  defendant has consented to the entry of a forfeiture money judgment in the amount of five

  hundred seventy-nine thousand eight hundred sixty-two dollars and zero cents ($579,862.00)

  (the "Forfeiture Money Judgment"), in addition to the forfeiture of all right, title, and interest

  in the following:

                      (i)     approximately nine thousand five hundred sixty-seven dollars and
                              zero cents (9,567.00) in United States currency, seized from the
                              defendant on or about August 27, 2020 in Brookyn, New York; and

                      (ii)   approximately twenty thousand one hundred sixty-three dollars and
                             eighty-seven cents ($20,163.87) in United States currency, seized
                             from the defendant on or about September 17, 2020, in Brooklyn,
                             New York

  (items (i) through (ii), collectively, the "Seized Assets"), as: (a) property constituting, or

  derived from, proceeds obtained directly or indirectly as a result of his violation of llfS'~ieJ
Case  1:21-cr-00411-WFK
   f1.li029.(6l{IJ;                 Document
                    (6.) personal property      303
                                           used or       Filed
                                                   intended    05/22/25
                                                            to be           Pagesuch
                                                                  used to commit  11 offense;
                                                                                     of 15 PageID #:
                                                   1344
    and/or (c) substitute assets, pursuant to 21 U:SI€f§=l53(p), as incorporated by 18.UiS[C/§§

   182~)(1) and 1029.(c:).(2).

                  IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent, by

    and between the United States and the defendant as follows:

                  I.      Pursuant to IllV!S~C't§'.if:9.8:2{a)(2)(B), 982{1,)(1), .-I029(c)(l)"(e), and

   1029.(c).(2:), and 2LUIStC'l§:'8S3'(p.J, the defendant shall forfeit to the United States the full

    amount of the Forfeiture Money Judgment and all right, title, and interest in the Seized

    Assets. The forfeiture of the Seized Assets shall not be credited towards the Forfeiture

    Money Judgment.

                  2.      All payments made towards the Forfeiture Money Judgment shall be

    made by a money order, or certified and/or official bank check, payable to the U.S. Marshals

    Service with the criminal docket number noted on the face of the instrument. The defendant

    shall cause said payment(s) to be sent by overnight mail delivery to Assistant United States

    Attorney Tanisha R. Payne, United States Attorney's Office, Eastern District of New York,

   271-A Cadman Plaza East, Brooklyn, New York 11201. The Forfeiture Money Judgment

    shall be paid pursuant to a payment schedule to be determined in connection with the

   defendant's sentencing (the "Payment Schedule").

                  3.      Upon entry of this Preliminary Order of Forfeiture ("Preliminary

   Order"), the United States Attorney General or his designee is authorized to seize the Seized

   Assets, to conduct any proper discovery, in accordance with !ectJ(::c~p:':322(b5(3) and

   (c), and to commence any applicable proceedings to comply with statutes governing third-

   party rights, including giving notice of this Preliminary Order.
                                    United States v. Bryan Abraham
   21-CR-0411 (WFK)                 Preliminary Order of Forfeiture                               Page2
Case 1:21-cr-00411-WFK Document 303 Filed 05/22/25 Page 12 of 15 PageID #:
               4.   The United States shall1345
                                            publish notice of this Preliminary Order in

   accordance with the custom and practice in this district on the government website

   www.forfeiture.gov, of its intent to dispose of the Seized Assets in such a manner as the

   Attorney General or his designee may direct. The United States may, to the extent

   practicable, provide direct written notice to any person lmown or alleged to have an interest

   in the Seized Assets as a substitute for published notice as to those persons so notified.

                  5.      Any person, other than the defendant, asserting a legal interest in the

   Seized Assets may, within thirty (30) days of the final publication of notice or receipt of

   notice or no later than sixty (60) days after the first day of publication on an official

   government website, whichever is earlier, petition the Court for a hearing without a jury to

   adjudicate the validity of his or her alleged interest in the Seized Assets, and for an

   amendment of the order of forfeiture, pursuant to 21M:UtS~lJ.lm§.il853:{n){(ij. Ally petition filed

   in response to the notice of forfeiture of the Seized Assets must be signed by the petitioner

   under penalty of perjury and shall set forth the nature and extent of the petitioner's right,

   title, or interest in the property, the time and circumstances of the petitioner's acquisition of

   the right, title, or interest in the property, any additional facts supporting the petitioner's

   claim, and the relief sought.

                  6.      The defendant shall not file or interpose any claim or petition seeking

   remission or contesting the forfeiture of the Seized Assets or any property against which the

   United States seeks to enforce the Forfeiture Money Judgment in any administrative or

  judicial (civil or criminal) proceeding. The defendant shall fully assist the government in

   effectuating the surrender and forfeiture of the Seized Assets and the payment of the

   Forfeiture Money Judgment to the United States. The defendant shall take whatever steps
                                    United States v. Bryan Abraham
   21-CR-0411 (WFK)                 Preliminary Order of Forfeiture                             Page3
Case 1:21-cr-00411-WFK Document 303 Filed 05/22/25 Page 13 of 15 PageID #:
   are necessary to ensure that clear title to the 1346
                                                   Seized Assets passes to the United States,

   including, but not limited to, the execution of any and all documents necessary to effectuate

   the surrender and forfeiture of the Seized Assets to the United States. Further, if any third

   party files a claim to the Seized Assets, the defendant will assist the government in defending

   such claims. If the Seized Assets or Forfeiture Money Judgment, or any portion thereof, are

   not forfeited to the United States, the United States may seek to enforce this Preliminary

   Order against any other assets of the defendant up to the value of the Seized Assets, and the

   outstanding balance of the Forfeitme Money Judgment, pursuant to 2t:it~-:t2!§.il53(p), as

   incorporated by 18!,:U~S~C~l§?982'(b)(l) and 1029(c)(2). The defendant further agrees that

   the conditions of !2l:lJ:~S:~Ctf8.S(p)(l)(A);(B) have been met.

                 7.      The defendant knowingly and voluntarily waives his right to any

   required notice concerning the forfeiture of the monies and/or properties forfeited hereunder,

   including notice set forth in an indictment or information or administrative notice. In

   addition, the defendant knowingly and voluntarily waives his right, if any, to a jury trial on

   the forfeiture of said monies and/or properties, and waives all constitutional, legal and

   equitable defenses to the forfeiture of said monies and/or properties, including, but not

   limited to, any defenses based on principles of double jeopardy, the Ex Post Facto clause of

   the Constitution, any applicable statute of limitations, venue, or any defense under the Eighth

   Amendment, including a claim of excessive fmes.

                 8.      Pursuant to F.eai:1'.RfCiimf\l~}:3i:f2(1>)(4)(A) and (B), this Preliminary

   Order shaJI become fmal as to the defendant at the time of the defendant's sentencing and

   shall be made part of the defendant's sentence and included in his judgment of conviction. If

   no third party files a timely claim, this Preliminary Order, together with Supplemental Orders
                                  United States v. Bryan Abraham
   2 l-CR-0411 (WFK)               Preliminary Order of Forfeiture                             Page 4
Case 1:21-cr-00411-WFK Document 303 Filed 05/22/25 Page 14 of 15 PageID #:
                                                1347 of Forfeiture, as provided by Eed]Rr~'.tmfil
  of Forfeiture, if any, shall become the Final Order

   P.tt~1'2(iY(~). At that time, the monies and/or properties forfeited herein shall be forfeited to

   the United States for disposition in accordance with the law.

                  9.     The United States alone shall hold title to the monies paid by the

   defendant to satisfy the Forfeiture Money Judgment following the Court's entry of the

   judgment of conviction. •The United States alone shall hold title to the Seized Assets
               r·
   following the·court's disposition of all third-party interests, or, if none, following the

   expiration of the period provided in ·zrvrSt¢}I§(ISl{nJ{2).

                  10.    The forfeiture of the Seized Assets and entry and payment of the

   Forfeiture Money Judgment shall not be considered a payment of a fine, penalty, restitution

   loss amount, or payment of any income taxes that may be due, and shall survive bankruptcy.

                  11.    This Preliminary Order shall be binding upon the defendant and the

   successors, admjnistrators, heirs, assigns and transferees of the defendant, and shall survive

   the bankruptcy of any of them.

                  12.    This Preliminary Order shall be binding only upon the Court's "so

   ordering" of the order.

                  13.    The Court shall retain jurisdiction over this action to enforce

   compliance with the terms of this Preliminary Order and to amend it as necessary, pmsuant




                                   United States v. Bryan Abraham
   21-CR-0411 (WFK)                 Preliminary Order of Forfeiture                             Page5
Case 1:21-cr-00411-WFK Document 303 Filed 05/22/25 Page 15 of 15 PageID #:
               14.  The Clerk of the Court1348
                                           is directed to send, by inter-office mail, three (3)

   certified copies of this executed Order to the United States Attorney's Office, Eastern

   District of New York, Attn: Melissa Thorpe, FSA Law Clerk, 271-A Cadman Plaza East,

   Brooklyn, New York 11201.




                                              s/WFK
                                              HOiffiRABLE wiiLIAM F. KUNTZ, II
                                              UNITED STATES DISTRICT JUDGE
                                              EASTERN DISTRICT OF NEW YORK




                                 United States v. Bryan Abraham
   21-CR-0411 {WFK)              Preliminary Order of Forfeiture                             Page6


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