Order of Forfeiture and Money Judgment — No. 3:23-cr-00058 (Dkt. 92, D.P.R.)

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An order of forfeiture and money judgment, filed December 15, 2023 as Document 92 in United States v. Ivelisse Rivera-Padilla, Criminal No. 23-058-01 (RAM), in the U.S. District Court for the District of Puerto Rico, signed by Judge Raúl M. Arias-Marxuach. The order recites that as a result of her guilty plea the defendant agreed to forfeit $150,000.00 in U.S. currency, and that the United States moved for a personal money judgment in that amount. Citing 18 U.S.C. §§ 981 and 982 and 28 U.S.C. § 2461(c), and Rule 32.2(c)(1), under which no ancillary proceeding is required for a money judgment, it orders the forfeiture.

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      Case 3:23-cr-00058-RAM Document 92 Filed 12/15/23 Page 1 of 3

                  IN THE UNITED STATES DISTRICT COURT
                    FOR THE DISTRICT OF PUERTO RICO


 UNITED STATES OF AMERICA

       Plaintiff

             v.                             CRIMINAL NO. 23-058-01 (RAM)

 IVELISSE RIVERA-PADILLA

       Defendant


                  ORDER OF FORFEITURE AND MONEY JUDGMENT

    WHEREAS, as a result of the guilty plea defendant [1] Ivelisse

Rivera-Padilla agreed to forfeit the sum of $150,000.00 in U.S.

currency;

    AND     WHEREAS,   the   defendant’s   guilty   plea   establishes   the

requisite nexus between such currency and the offenses charged;

    AND WHEREAS, the United States has made a sufficient showing

of the forfeitability of the currency;

    AND WHEREAS, by virtue of the guilty plea entered against

defendant [1] Ivelisee Rivera-Padilla, the United States is now

entitled to possession of the currency, free and clear, pursuant to

18 U.S.C. §§ 981, and 982; and 28 U.S.C. § 2461(c);

    AND WHEREAS, the United States has filed a Motion for Order of

Forfeiture and Money Judgment, requesting a personal money judgment

against defendant [1] Ivelisse Rivera-Padilla for the amount of

$150,000.00 in U.S. currency;




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      Case 3:23-cr-00058-RAM Document 92 Filed 12/15/23 Page 2 of 3
Criminal No. 23-058-01 (RAM)

     AND WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal

Procedure provides that “no ancillary proceeding is required to the

extent that the forfeiture consists of a money judgment;”

     NOW   THEREFORE,   IT   IS   ORDERED,   ADJUDGED   AND   DECREED   that

defendant [1] Ivelisse Rivera-Padilla shall forfeit to the United

States, the sum of $150,000.00 in U.S. currency, pursuant to 18

U.S.C. §§ 981, and 982; and 28 U.S.C. § 2461(c);

     IT IS FURTHER ORDERED that the Court shall retain jurisdiction

to enforce this Order and to amend it if necessary pursuant to Rule

32.2(e) of the Federal Rules of Criminal Procedure; and

     IT IS FURTHER ORDERED that, pursuant to Rule 32.2(b)(4) of the

Federal Rules of Criminal Procedure, this money judgment is final

as to the defendant [1] Ivelisse RiveraPadilla; and

     IT IS FURTHER ORDERED that the United States may, at any time,

move pursuant to Rule 32.2(e) of the Federal Rules of Criminal

Procedure to amend this money judgment to substitute the currency

with property having a value not to exceed $150,000.00 in U.S.

currency to satisfy the money judgment; and

     IT IS FURTHER ORDERED, that defendant [1] Ivelisse Rivera-

Padilla shall make and forward payments directly to the Federal

Bureau of Investigation (FBI) and the United States Marshals Service

(USMS). The defendant’s currency shall be forfeited and disposed of

according to law by the FBI and the USMS.




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      Case 3:23-cr-00058-RAM Document 92 Filed 12/15/23 Page 3 of 3
Criminal No. 23-058-01 (RAM)

     The Clerk of the Court shall forward certified copies of this

Order of Forfeiture and Money Judgment to Assistant U.S. Attorney,

Seth Erbe, U.S. Attorney’s Office, District of Puerto Rico, #350

Chardón Street, Torre Chardón, Suite 1201, San Juan, Puerto Rico

00918, the FBI, and the USMS.

     IT IS SO ORDERED.

     In San Juan, Puerto Rico, this 15th day of December 2023.


                                       S/ RAÚL M. ARIAS-MARXUACH
                                       United States District Judge




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