United States v. Jeremy Trapp — Preliminary Order of Forfeiture (E.D.N.Y., Document 54)

Summary

Preliminary Order of Forfeiture in the case against defendant Jeremy Trapp, 20-CR-308 and 20-CR-454 (SJ), in the Eastern District of New York. It recites that on or about April 30, 2021, the defendant entered a plea of guilty to Count One of indictment 20-CR-454. The defendant must forfeit approximately $42,677.12 seized from a Wells Fargo account in the defendant's name on or about October 13, 2020, called the Seized Asset. The United States is to publish notice on the government website www.forfeiture.gov. Third parties may petition within thirty (30) days of final publication or receipt of notice, or no later than sixty (60) days after first publication, whichever is earlier. The order becomes final at sentencing and is signed s/WFK for William F. Kuntz, II, United States District Judge.

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Cite this document

“United States v. Jeremy Trapp — Preliminary Order of Forfeiture (E.D.N.Y., Document 54).” Original at ecf.nyed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-preliminary-order-of-forfeiture-usa-v-trapp-dkt-54-e-d-n-y-a57a8c2c5d/, SHA-256 13b4178028fb8daade94d02af9e2bef8f32bfb2d5bb968a60e63279fa6d1f314.

Full text

Case 1:20-cr-00308-WFK-CLP Document 54 Filed 08/26/22 Page 1 of 5 PageID #:
506

BGK
F. #2020R00621

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

- against - 20-CR-308 (SJ)
20-CR-454 (SJ)
JEREMY TRAPP,

Defendant.

- ·---------X

WHEREAS, on or about April 30, 2021, Jeremy Trapp, (the "defendant"),

entered a plea of guilty to the offense charged in Count One ofindictment 20-CR-454,

charging a violation of18 U.S.C. § 1343; and

WHEREAS, pursuant to 18 U.S.C. § 98l(a)(l)(C) and 28 U.S.C. § 246l(c),

the Court has found that the defendant must forfeit all right, title, and interest to the United

States in approximately forty-two thousand six hundred seventy-seven dollars and twelve

cents ($42,677.12) seized from Wells Fargo account number 6849215816 held in the name

of Jeremy Trapp seized on or about October 13, 2020 (the "Seized Asset"), as: (a) any

property, real or personal, constituting, or derived from, proceeds obtained directly or

indirectly as a result of the defendant's violation of18 U.S.C. § 1343, and/or as substitute

assets, pursuant to 21 U.S.C. § 853(p).

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
Case 1:20-cr-00308-WFK-CLP Document 54 Filed 08/26/22 Page 2 of 5 PageID #:
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1. Pursuant to 18 U,S.C. § 98J(a)(l)(C), 28 U.S.C. § 246l(c), and 21

U.S.C. § 853(p), the defendant shall forfeit to the United States all right, title, and interest in

the Seized Asset.

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

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

Asset, to conduct any proper discovery, in accordance with Fed. R. Crim. P. 32.2(b)(3) and

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

party rights, including giving notice of this Preliminary Order.

3. The United States shall 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 Asset 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 !mown or alleged to have an interest

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

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

Seized Asset 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 Asset, and for an

amendment of the order of forfeiture, pursuant to :21 U.S.C. § 853(n)(6). Any petition filed

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

under penalty ofpetjury 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
United States v. Jeremy Trapp, 20-CR-308 and 20-CR-454 (SJ)
Preliminary Order of Forfeiture Page 2
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the right, title, or interest in the property, any additional facts supporting the petitioner's

claim, and the relief sought.

5. The defendant shall not file a claim or petition seeking remission or

contesting the forfeiture of the Seized Asset in any administrative or judicial (civil or

criminal) proceeding. The defendant shall not assist any person or entity in the filing of any

claim or petition seeking remission or contesting the forfeiture of the Seized Asset in any

administrative or judicial (civil or criminal) forfeiture proceeding. The defendant shall fully

assist the government in effectuating the surrender and forfeiture of the Seized Asset to the

United States. The defendant shall take whatever steps are necessary to ensure that clear title

to the Seized Asset 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

Asset to the United States. Further, if any third party files a claim to the Seized Asset, the

defendant will assist the government in defending such claims. If the Seized Asset is 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 Asset, pursuant to 21

u.s.c. § 853(p).
6. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B), this Preliminary

Order shall become final 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

of Forfeiture, if any, 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 forfeited herein shall be forfeited to

the United States for disposition in accordance with the law.
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Preliminary Order of Forfeiture Page 3
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7. The United States alone shall hold title to the Seized Asset following

the Court's disposition of all third-party interests, or, if none, following the expiration of the

period provided in 21 U.S.C. § 853(n)(2).

8. The forfeiture of the Seized Asset is not to 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.

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

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

the bankruptcy of any of them.

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

ordering" of the Order.

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

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

to Fed. R. Crim. P. 32.2(e).

United States v. Jeremy Trapp, 20-CR-308 and 20-CR-454 (SJ)
Preliminary Order of Forfeiture Page 4
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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 Attorney's Office, Eastern

District of New York, Attn: Melissa Thorpe, \VITS Paralegal, 271-A Cadman Plaza East,

Brooklyn, New York 11201.

Dated: Brook ;yn, New York
ol-(,, 2022
SO ORDERED: ~
s/WFK
HONORAifu?WILLIAM F. KUNTZ, II
UNITED STATES DISTRICT JUDGE
EASTER!~ DISTRICT OF NEW YORK

United States v. Jeremy Trapp, 20-CR-308 and 20-CR-454 (SJ)
Preliminary Order of Forfeiture Page5

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