Judgment in a Criminal Case — United States v. Perry Frankel, Eastern District of New York (Document 69)

Summary

A judgment in a criminal case (AO 245B) for defendant Perry Frankel, Case Number 2:22-cr-0180-001-JS, in the U.S. District Court for the Eastern District of New York, filed 06/28/24 as Document 69. The defendant pleaded guilty to Count 1ss of the Second Superseding Misdemeanor Information, theft in connection with health care under 18 U.S.C. § 669, with the offense ended 10/4/2021, and Counts 1 - 3 and 1s - 7s are dismissed on the motion of the United States. The court sentences the defendant to one year of probation, with a condition to comply with directives of the New York State Department of Health. It orders a $25.00 special assessment and restitution of $3,475,716.27, and attaches an Order of Restitution dated 6/28/2024 and an Order of Forfeiture. The judgment is signed s/ by Joanna Seybert, Senior United States District Court Judge.

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

Cite this document

“Judgment in a Criminal Case — United States v. Perry Frankel, Eastern District of New York (Document 69).” Original at ecf.nyed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-frankel-dkt-69-e-d-n-y-bbfc895390/, SHA-256 7c69127c237e3685b0f1b53a0ad3594b33edb067bd94cd513404602b6aa8d06e.

Full text

Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 1 of 14 PageID #: 754
AO 245B (Rev. 09/19) Rev. EDNY 2/1/2021 Judgment in a Criminal Case
Sheet I

UNITED STATES DISTRICT COURT
Eastern District of New York
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
v. )
)
PERRY FRANKEL Case Number: 2:22-cr-0180-001-JS
)
) USM Number: 96938-509
)
) Timothy Sini, Esq. and Neil Diskin, Esq. (Retained)
) Defendant's Attorney
THE DEFENDANT:
~ pleaded guilty to count(s) 1ss of the single-count Second Superseding Misdemeanor Information (S-2) filed on 2/6/2024.
0 pleaded nolo contendere to count(s)
which was accepted by the court.
0 was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count

18 u.s.c. § 669 Theft in Connection with Health Care: a Class A Misdemeanor 10/4/2021 1ss

The defendant is sentenced as provided in pages 2 through _ _6_ _ of this judgment. The sentence is imposed pursuant to
the Sentencing Refonn Act of I984.
0 The defendant has been found not guilty on count(s)
lllcount(s) 1 - 3 and 1s - 7s 0 is Ill are dismissed on the motion of the United States.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any chan_ge of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defenoant must notify the court and United States attorney of material clianges in economic circumstances.
6/28/2024
Date oflmposition of Judgment
F J LED
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.O.N.Y.

* JUN 2 8 2024 *
- Joanna Seybert
s/

LONG ISLAND OFFICE Joanna Seybert, Senior United States District Court Judge
Name and Title of Judge

6/28/2024
Date
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 2 of 14 PageID #: 755
AO 24S8 (Rev. 09/19) Judgment in a Criminal Case
Sheet 4-Probation
2_ of
Judgment-Page _ _ 6
DEFENDANT: PERRY FRANKEL
CASE NUMBER: 2:22-cr-0180-001-JS
PROBATION
You are hereby sentenced to probation for a tenn of:
ONE (1) YEAR.

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 ofa controlled substance. You must submit to one drug test within 15 days of placement on
probation and at least two periodic drug tests thereafter, as detennined by the court.
li!1 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. ~ You must cooperate in the collection of DNA as directed by the probation officer. (check ifapplicable)
5. □ 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)
6. D You must participate in an approved program for domestic violence. (check ifapplicable)
7. D You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check ifapplicable)
8. You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
9. Ifthisjudgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
I0. You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution,
fines, or special assessments.

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 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 3 of 14 PageID #: 756
AO 2458 (Rev. 09/19) Judgment in a Criminal Case
Sheet 4A - Probation
Judgment-Page _ ___,3,.___ of -----=6_ __

DEFENDANT: PERRY FRANKEL
CASE NUMBER: 2:22-cr-0180-001-JS

STANDARD CONDITIONS OF SUPERVISION
As part of your probation, 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 infonned, report to the court about, and bring about improvements in your conduct and condition.
I. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time
you were sentenced, 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 pennission 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 pennit 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. lfyou 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 IO days before the change. If notifying the probation officer at least IO
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. If you know someone has been
convicted ofa felony, you must not knowingly communicate or interact with that person without first getting the pennission 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.
I0. 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 infonnant without
first getting the pennission of the court.
12. If the probation officer detennines based on your criminal record, personal history and characteristics, and the nature and
circumstances of your offense, you pose a risk to another person (including an organization), the probation officer, with prior approval
of the Court, 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 continn 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 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 4 of 14 PageID #: 757
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4D - Probation
Judgment-Page 4 of _ __,6.___
DEFENDANT: PERRY FRANKEL
CASE NUMBER: 2:22-cr-0180-001-JS

SPECIAL CONDITIONS OF SUPERVISION

[1] The defendant shall comply with the Order of Restitution (see attached).

[2] The defendant shall comply with the Order of Forfeiture (see attached).

[3] Upon request, the defendant shall provide the U.S. Probation Department with full disclosure of their 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 their financial dealings and shall provide truthful monthly statements of
their 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 their financial information and records.

[4] The defendant shall cooperate with the U.S. Probation Office in the investigation and approval of any position of
self-employment, including any independent, entrepreneurial, or freelance employment or business activity. If approved for
self-employment. The defendant shall provide the U.S. Probation Office with full disclosure of her self-employment and
other business records, including, but not limited to, all of the records identified in the Probation Form 48F (Request for
Self-Employment Records), or as otherwise requested by the U.S. Probation Office.

[5] The defendant shall comply with all directives of the New York State Department of Health, Office of Professional
Medical Conduct.
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 5 of 14 PageID #: 758
AO 24SB (Rev. 09/19) Judgment in a Criminal Case
Sheet S - Criminal Monetary Penalties
Judgment- Page -~5- of 6
DEFENDANT: PERRY FRANKEL
CASE NUMBER: 2:22-cr-0180-001-JS
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS S 25.00 S 3,475,716.27 s s s

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

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 proportioned payment, unless specified otherwise in
the priori!)'. orper or perc~ntage payment column below. However, pursuant to 18U.S.C. § 3664{1), all nonfederal victims must be paid
before the Umted States ts patd.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
Clerk of Court, EDNY $3,475,716.27

3,475,716.27
TOTALS $
- - - - - - -0.00
-- $
----------
D Restitution amount ordered pursuant to plea agreement $
----------
Ill 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. § 3612(g).

D The court detennined 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~ VickyVand Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for ictims of Trafficking Act of2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110, I JOA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 6 of 14 PageID #: 759
AO 24SB (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
Judgment- Page _6..__ of 6
DEFENDANT: PERRY FRANKEL
CASE NUMBER: 2:22-cr-0180-001-JS

SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A !ti Lump sum payment of$ 3,475,741.27 due immediately, balance due

□ not later than , or
liZI in accordance with 0 C, □ D, □ E, or 1iZ1 F below; or

B □ Payment to begin immediately (may be combined with DC, 0D,or D F below); or

C O 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 O 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 release from imprisonment to a
term of supervision; or
E O 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:
The defendant shall pay the Special Assessment fine in the amount of $25.00, due immediately, and Restitution in
the amount of $3,475,716.27, due immediately and payable at a rate of 10% of the defendant's gross monthly
income while on Probation (see attached Order of Restitution dated 6/28/2024).

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment ofcriminal mone!M}' penalties is due during
the period of imprisonment. All criminal mone~ 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.

0 Joint and Several

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

0 The defendant shall pay the cost of prosecution.

0 The defendant shall pay the following court cost(s):

121 The defendant shall forfeit the defendant's interest in the following property to the United States:
SEE ATTACHED ORDER OF FORFEITURE DATED 2/21/2024.

Payments shall be a_pplied in the following order: (I) assessment, (2) restitution princi_J)al, (3). restitution interest, (4) AVAA assessment,
(5J fine P,rincipal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 7 of 14 PageID #: 760

Fl LED
IN CLERK'S OFFICE
UNITED STATES DISTRICT COURT U.S. DISTRICT COURT E.O.N.Y.
EASTERN DISTRICT OF NEW YORK
-------------------X * JUN 28 2024 *
UNITED STATES OF AMERICA ORDER b9~s~hWfl&fF1ce

-against- Criminal Docket No. 22-180 (S-2) (JS)

PERRY FRANKEL,

Defendant.

-------------------X
WHEREAS, defendant PERRY FRANKEL pleaded guilty on February 6, 2024,

in the above-captioned case, and

WHEREAS, defendant PERRY FRANKEL was sentenced on June 28, 2024, and
ordered to pay restitution,

1. This order of restitution will be incorporated by reference to the Judgment
and Commitment Order to be filed in coMection with the above-captioned case.
2. The defendant is directed to pay restitution to the victims named and in
the amounts listed for the claims identified in Exhibit A to this order.
3. Restitution is due immediately. The total restitution amount to be paid is
$3,475,716.27 plus interest. See 18 U.S.C. § 3612(f).
4. Monthly payments shall be made to the Clerk of the Court, United States

District Court, 225 Cadman Plaza East, Brooklyn, N. Y. 11201. The payment instrument shall
reference the case name and number, as set forth above.
5. The Clerk is directed to distribute restitution payments pm rata to the
victims at least once per year to the extent funds are available to distribute. The United States
Department of Probation and the United States Attorney's Office are directed to provide to the
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 8 of 14 PageID #: 761

Clerk whatever assistance is necessary to assure prompt distribution of restitution payments.

The Clerk is directed to mail a copy of the instant document and the attachment to the Criminal

Trial Attorney assigned to the instant case and the Financial Litigation Unit of the United States

Attorney's Office of the Eastern District ofNew York.

Dated: Brooklyn, New York
JuneZ., 2024
n $anna, ~eri "'-
s/
HONORABLEJ~~~~ ASEYBERT
ITEDSTATESDIS CT JUDGE
EASTERN DISTRICT OF NEW YORK
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 9 of 14 PageID #: 762

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------X
UNITED STATES OF AMERICA Criminal Docket No. 22-180 (S-2) (JS)

-against•

PERRY FRANKEL,

Defendant.

-------------------X
EXHIBIT ATO ORDER ot: RESTmJTION

Centers for Medicare and September 1. 2020 Current Procedural
Medicaid Services - March 31. 2022 Terminology (..CPT")
Division of Accounting Operations codcs99202,99212,and
P.O. Box 7S20 99213. that were billed in
Baltimore. MD 21207-0S20 combination with COVJD-
19 tcstin CPT codes. 1
Aeblainc. September 1, 2020 CPT Codes 99202. 99212. $770.217.00
SIU 0Velp8yments - March 31, 2022 and 99213. that were
P.O. Box 98110S billed in combination with
El Paso, TX 79998-1105 COVID-19 testing CPT
codes.
United Healthcare September 1, 2020 CPT codes 99202, 99212. St.637,417.84
Empire Plan sru - March 31, 2022 and 99213. that were
1561 Ulster Avenue. Suite 101 billed in combiualion with
Lake Katrine, NY 12449 COVID-19 testing CPT
codes.
Anthem/Elevancehealth September I. 2020 CPT codes 99202. 99212, $490,858.02
Attn: Special Investigations Unit -March 31. 2022 and 99213. that were
740 West Peachtree Street NW billed in combination with
Atlanta, GA 30308 COVID-19 testing CPT
codes.
EmblemHealth September 1. 2020 CPT codes 99202, 99212. $427,907.69
Attn: Special Investigations Uoit - March 31, 2022 and 99213, that were
SS Water Street-11th Floor billed in combination with
New York. NY 10041 COVID-19 testing CPT
codes.

1 lhe CPT codes forCOVID-19 testing include 87426, 87635, 87637, 87811. 0202U, 0241U, U0002,
U0004.
1
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 10 of 14 PageID #: 763

Health First September 1. 2020 CPT codes 99202. 99212. $SOB.SO
Attn: Joshua H. Pike - March 31, 2022 and 99213. that wen:
VP/Associate General Counsel billed in combination with
Hcalthfint COVID-19 testing CPT
100 Church Street I New York. codes.
New York 10007

MVP Health September 1, 2020 CPT codes 99202. 99212, $1,876.16
Attn: SIU - March 31, 2022 and 99213, that were
62S State Street billed in combination with
P.O. Box2207 COVID-19 testing CPT
Schenectady. NY 12301-2207 codes.

Total Restitution: $3,475.716.27
(olus interest)

2
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 11 of 14 PageID #: 764

FI LED
IN CLERK'S OFFICE
UNITED STATES DISTRICT COURT U.S. DISTRICT COURT E.D.N.Y.
EASTERN DISTRICT OF NEW YORK * FEB 2 f 202~ *
----~-----------X LONG ISLAND OFFICE
UNITED STATES OF AMERICA ORDER OF FORFEITURE
- against- 22-CR-180 (S-2) (JS)

PERRY FRANKEL,

Defendant.

----------------X
WHEREAS, on or about February 6, 2024, Perry Frankel (the "defendant"),

entered a plea of guilty to the offense charged in the Sole Count of the above-captioned

Superseding Misdemeanor Information, charging a violation of~S.U.S~C.._§_669.; and

WHEREAS, pursuant to :II. U.S.d. §~9.82(a)(1.), the defendant has consented to

th~ entry of a forfeiture money judgment in the amount of three million four hundred eighty-

nine thousand three hundred five dollars and fifty-four cents ($3,489,305.54) (the "Forfeiture

Money Judgment'j, as any property, real or personal, that constitutes, or is derived direcdy

or indirectly from, gross proceeds traceable to the commission of the defendant's violation of

18..U.S.C.~§.669, and/or a substitute asset, pursuant to 21.U.S.C. §. 8S3(p), as incorporated by

IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent, by
and between the United States and the defendant as follows:

1. The defendant shall forfeit to the Un~ted States the full amount of the
Forfeiture Money Judgment, pursuant to 18.U.S.C. §§.982(a)(7) and 982(b)(l), and 2':i
u. s~c~:;~ss·3(p).
. Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 12 of 14 PageID #: 765

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

made by a money order, or certifi~ 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 Special Assistant United

States Attorney Tracie Razzagone, United States Attorney's Office, Eastern District of New

York, 610 Federal Plaza, Central Islip, New York 11722. The Forfeiture Money Judgment

shall be paid in full 30 days in advance of sentencing (the "Due Date").

3. If the defendant fails to pay any portion of the Forfeiture Money

Judgment on or before the Due Date, the defendant shall forfeit any other property of his up

to the value of the outstanding balance, pursuant to 21 U.S.C. § 853(p), as incorporated by it8

U~S~C.".§.)82(b)ti), and further agrees that the conditions of21 U.S.C.. §.853(p)(l)(A}{B~

have been met.

4. Upon entry of this Order of Forfeiture ("Order"), the United States

Attorney General or his designee is authorized to conduct any proper discovery in

accordance with Fed.R...Criai. P. .32.2(b){3j and (c). 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.

5. The defendant shall fully assist the government in effectuating the

payment of the Forfeiture Money Judgment, by among other things, executing any

documents necessary to effectuate any transfer of title to the United States. The defendant

shall not file a claim or petition seeking remission or contesting the forfeiture of any property

against which the government seeks to satisfy the Forfeiture Money Judgment in any

administrative or judicial (civil or criminal) proceeding. The defendant shall not assist any
United States v. Perry Frankel
22-CR-180 (S-2) (JS) Order of Forfeiture Pagel
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 13 of 14 PageID #: 766
•

person or entity to file a claim or petition seeking remission or contesting the forfeiture of

any property against which the government seeks to satisfy the Forfeiture Money Judgment

in any administrative or judicial (civil or criminal) forfeiture proceeding.

6. 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 infonnation. 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.

7. The entJy and payment of the Forfeiture Money Judgment is not to be

considered a payment of a fine, penalty, restitution loss amount or a payment of any income

taxes that may be due, and shall survive bankruptcy.

8. Pursuant to Fed.ILCiuiL:.:e.J2~2(b)(4)(A) and (B), this Order shall

become fmal as to the defendant at the time of sentencing and shall be made part of the

sentence and included in the judgment of conviction. This Order shall become the Final

Order of Forfeiture, as provided by Fed.R. . Crim~P.-.32.2(c)(2). At that time, the monies

and/or properties paid toward the Forfeiture Money Judgment shall be forfeited to the United

States for disposition in accordance with the law.

United States v. Perry Frankel
22-CR-180 (S-2) (JS) Order of Forfeiture Pagel
Case 2:22-cr-00180-JS Document 69 Filed 06/28/24 Page 14 of 14 PageID #: 767

9. This Order shall be binding upon the defendant and the successors,

administrators, heirs, assigns arid transferees of the defendant, and shall survive the

bankruptcy of any of them.

10. This Order shall be final and binding only upon the Court's Hso

ordering" of the Order.

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

compliance with the terms of this Order and to amend it as necessary, pursuant to Fed.. Rl

Criiii:P:.32.2(e).
12. The Clerk of the Court is directed to send, by inter-office mail, three

(3) certified copies of this executed Order to the United States Attomey9s Office, Eastern

District of New York, Attn: Ana Tejada, ProMinds Paralegal, 610 Federal Plaza, Central

Islip, New York 11722.

Dated: C5tral)slip, New York
.....a.
-.,.~-U.-l:!kt..-......1...rif'4A-Mt ....../____.2024
SO ORDERED:

n f. .' r:--
ij'oNORABLBJdA~SEYBERT
UNITED STATBS DISTRICT ruDGE
EASTERN DISTRICT OF NEW YORK

United States v. Perry Frankel
22-CR-180 (S-2) (JS) Order of Forfeiture Page4

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