Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 1 of 16 PageID #:5173
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`UNITED STATES OF AMERICA
`
`v.
`
`
`
`
`
`
`
`SHRADHA AGARWAL
`
`
`)
`)
`)
`)
`)
`
`No. 19 CR 864-2
`
`Judge Thomas M. Durkin
`
`UNOPPOSED MOTION OF THE UNITED STATES FOR ENTRY OF
`PRELIMINARY ORDER OF FORFEITURE
`
`
`
`The United States of America, through MORRIS PASQUAL, Acting United
`
`States Attorney for the Northern District of Illinois, moves for entry of a preliminary
`
`order of forfeiture as to specific property pursuant to the provisions of Title 18, United
`
`States Code, Sections 981(a)(1)(C), 982(a)(2)(A), Title 28, United States Code, Section
`
`2461(c), Title 21, United States Code, Section 853(p), and Fed. R. Crim. P. 32.2, and
`
`in support thereof submits the following:
`
`1.
`
`On November 21, 2019, a superseding indictment was returned
`
`charging SHRADHA AGARWAL with mail fraud, in violation of Title 18, United
`
`States Code, Section 1341 (Counts 1, 2, 4, 11, 23, and 25); wire fraud, in violation of
`
`Title 18, United States Code, Section 1343 (Counts 14, 15, 16, 17, 18, 19, 20, 22, 24,
`
`and 26), and bank fraud, in violation of Title 18, United States Code, Section 1344
`
`(Counts 9 and 13).
`
`2.
`
`The superseding indictment sought forfeiture to the United States of
`
`any and all right, title and interest defendant SHRADHA AGARWAL may have in
`
`any property which constitutes and is derived from proceeds traceable to the charged
`
`mail and wire fraud offenses, as provided in Title 18, United States Code, Section
`
`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 2 of 16 PageID #:5174
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`981(a)(1)(C) and Title 28, United States Code, Section 2461(c); and any property
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`which constitutes and is derived from proceeds obtained, directly or indirectly as to
`
`the bank fraud offenses, as provided in Title 18, United States Code, Section
`
`982(a)(2)(A).
`
`3.
`
`4.
`
`Beginning on January 24, 2023, a jury trial was held before this Court.
`
`On April 11, 2023, the jury returned a verdict of guilty against defendant
`
`SHRADHA AGARWAL on Counts 1, 2, 4, 9, 11, 13, 14, 15, 16, 17, 18, 22, 24, 25, and
`
`26 of the superseding indictment, thereby making certain property subject to
`
`forfeiture pursuant to the provisions of Title 18, United States Code, Sections
`
`981(a)(1)(C), 982(a)(2)(A), and Title 28, United States Code, Section 2461(c).
`
`5.
`
`Defendant SHRADHA AGARWAL waived her right to have the
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`forfeiture allegations in the superseding indictment considered by the jury. It was
`
`agreed instead that this Court would consider the issues relating to the forfeiture.
`
`6.
`
`Defendant SHRADHA AGARWAL does not wish to assert any claims to
`
`certain property listed in the forfeiture allegation of the superseding indictment. She
`
`further waives any right to be notified or to participate in any proceedings relating
`
`to the property. The undisputed assets, as listed in forfeiture allegations one and two
`
`of the superseding indictment, are I.b. and II.r.
`
`7.
`
`Defendant SHRADHA AGARWAL does not oppose the entry of a
`
`personal money judgment in the amount of $13,700,000, which represents proceeds
`
`traceable to the offenses.
`
`
`
`2
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 3 of 16 PageID #:5175
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`8.
`
`Defendant SHRADHA AGARWAL does not oppose the forfeiture of the
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`following specific property to the United States, as property which represents
`
`proceeds defendant obtained as a result of the fraud offenses of conviction. The
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`following property is to be applied toward satisfaction of the personal money
`
`judgment:
`
`a. All right, title, and interest in Investment Fund A, held in the name of
`Jumpstart Ventures II, LLC,
`including, but not
`limited to,
`approximately $60,000.00 in capital contributions submitted on or
`around May 31, 2018;
`
`b. All right, title, and interest in approximately 17.747958% of Investment
`Company A, held by Gravitas Holdings, LLC, purchased
`for
`approximately $2,537,695.00 on or about October 10, 2017;
`
`c. All right, title, and interest in Investment Fund B, held in the name of
`Jumpstart Ventures II, LLC, including, but not limited to, $15,000.00 in
`capital contributions submitted on or about April 24, 2018;
`
`d. All right, title, and interest in investments made with Investment
`Company B entities, held in the name of Gravitas Holdings, LLC and
`Jumpstart Ventures II, LLC, including, but not limited to $475,000.00
`in capital contributions submitted between August 1, 2017, and
`November 27, 2018;
`
`e. All right, title, and interest in Investment Fund C, including, but not
`limited to, $12,000.00 in capital contributions submitted by or on behalf
`of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas Holdings,
`LLC, and Jumpstart Ventures II LLC, on or about May 2, 2018;
`
`f. All right, title, and interest in Investment Fund D, including, but not
`limited to, $1,800,000.00 in capital contributions submitted by or on
`behalf of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas
`Holdings, LLC, and Jumpstart Ventures II LLC, between March 2,
`2018, and July 9, 2019;
`
`g. All right, title, and interest in Investment Fund E, held in the name of
`Gravitas Holdings, LLC, including, but not limited to, $303,045.00 in
`capital contributions submitted between September 27, 2017, and July
`17, 2019;
`
`
`
`3
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 4 of 16 PageID #:5176
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`
`h. All right, title, and interest in Investment Fund F and Investment Fund
`G, held in the name of Gravitas Holdings, LLC, including, but not
`limited to, $2,235,621.00 in capital contributions submitted between
`June 2, 2017, and July 18, 2017;
`
`i. Funds in the amount of $3,642,189 seized on September 30, 2021, which
`represents all right, title, and interest in Investment Fund H, held by
`Gravitas Holdings, LLC, including, but not limited to, $2,980,631.00 in
`capital contributions submitted between July 28, 2017, and July 1, 2019;
`
`j. All right, title, and interest in Investment Fund I, held by Gravitas
`Holdings, LLC, including, but not limited to, $319,489.00 in capital
`contributions submitted on or about June 28, 2019;
`
`k. Funds in the amount of $1,055,432,.05 seized on June 14, 2021 which
`represents All right, title, and interest in Investment Fund J, held in
`the name of Gravitas Holdings, LLC, including, but not limited to,
`$1,526,821.96 in capital contributions submitted between May 9, 2019,
`and July 25, 2019;
`
`l. All right, title, and interest in approximately 60,053 shares of Series A2
`Preferred Stock of Start-up Company A, held in the name of Jumpstart
`Ventures II, LLC;
`
`m. All right, title, and interest in approximately 90,425 shares of Series B3
`Preferred Stock of Start-up Company A, held in the name of Gravitas
`Holdings, LLC;
`
`n. All right, title, and interest in approximately 252,045 shares of Series
`B4 Preferred Stock of Start-up Company A, held in the name of Gravitas
`Holdings, LLC;
`
`o. All right, title, and interest in Investment Fund K, held in the name of
`Gravitas Holdings, LLC, including, but not limited to, $2,222,238.00 in
`capital contributions submitted on or about August 14, 2017;
`
`p. All funds and assets on deposit in Account xxxxxx7618 at Kotak
`Mahindra Bank, including, but not limited to $2,000,000.00, held in the
`name of Shradha AGARWAL;
`
`q. All funds and assets on deposit in Account xxxxx6290 and all linked
`accounts at Pershing, LLC, held in the name of Gravitas Holdings, LLC,
`including, but not limited to, Accounts xxxxx6076, xxxxx6159,
`
`
`
`4
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 5 of 16 PageID #:5177
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`xxxxx3123, xxxxx3129, xxxxx7090, and xxxxx7108, including, but not
`limited to $7,461,413.17;
`
`r. All funds and assets on deposit in Account xxxxx6647 and all linked
`accounts at Pershing, LLC, held in the names of Shradha AGARWAL
`and AGARWAL Relative A, including but not limited to $2,050,383.62;
`
`s. All right, title, and interest in Investment Fund A, held in the name of
`Jumpstart Ventures II, LLC,
`including, but not
`limited to,
`approximately $280,000.00 in capital contributions submitted on or
`about January 5, 2017;
`
`t. All right, title, and interest in approximately 3,291 shares of common
`stock of Start-Up Company B, held in the name of Jumpstart Ventures
`II, LLC;
`
`u. All right, title, and interest in Start-Up Company C, including, but not
`limited to, $18,161.00 in capital contributions submitted by or on behalf
`of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas Holdings,
`LLC, and Jumpstart Ventures II LLC, on or about January 5, 2017;
`
`v. All right, title, and interest in Investment Company D, held in the name
`of Jumpstart Ventures II, LLC, including, but not limited to,
`$200,000.00 in capital contributions submitted on or about August 8,
`2016;
`
`w. All right, title, and interest in Investment Fund B, held in the name of
`Jumpstart Ventures II, LLC, including, but not limited to, $175,000.00
`in capital contributions submitted between July 15, 2016, and June 14,
`2017;
`
`x. All right, title, and interest in Investment Fund O, held in the name of
`Jumpstart Ventures II, LLC, including, but not limited to, $158,879.00
`in capital contributions submitted between August 8, 2016, and April
`28, 2017;
`
`y. All right, title, and interest in investments made with Investment
`Company B entities, held in the name of Gravitas Holdings, LLC and
`Jumpstart Ventures II, LLC, including, but not limited to $75,000.00 in
`capital contributions submitted on or about August 12, 2016;
`
`z. All right, title, and interest in Investment Fund C, including, but not
`limited to, $22,000.00 in capital contributions submitted by or on behalf
`
`
`
`5
`
`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 6 of 16 PageID #:5178
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`of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas Holdings,
`LLC, and Jumpstart Ventures II LLC, on or about October 27, 2016;
`
`aa. All right, title, and interest in Investment Company E, including, but
`not limited to, $35,000.00 in capital contributions submitted by or on
`behalf of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas
`Holdings, LLC, and Jumpstart Ventures II LLC, on or about January 5,
`2017;
`
`bb. All right, title, and interest in Investment Fund P, including, but not
`limited to, $80,000.00 in capital contributions submitted by or on behalf
`of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas Holdings,
`LLC, and Jumpstart Ventures II LLC, on or about January 5, 2017;
`
`cc. All right, title, and interest in Investment Company F, including, but
`not limited to, $40,000.00 in capital contributions submitted by or on
`behalf of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas
`Holdings, LLC, and Jumpstart Ventures II LLC, on or about July 15,
`2016;
`
`dd. All right, title, and interest in Investment Fund Q, held in the name of
`Jumpstart Ventures II LLC, including, but not limited to, $45,000.00 in
`capital contributions submitted on or about October 11, 2016;
`
`ee. All right, title, and interest in approximately 250,454 shares of Series
`Preferred AA stock of Start-up Company D, held in the name of
`Jumpstart Ventures II, LLC;
`ff. All right, title, and interest in approximately 751,362 shares of common
`stock of Start-up Company D, held in the name of Jumpstart Ventures
`II, LLC;
`
`gg. All right, title, and interest in various items of jewelry purchased from
`Jewelry Company A on or about December 1, 2017, using funds from
`Account XXX3805 at Gold Coast Bank, including, but not limited to,
`jewelry and precious gems valued at approximately $200,000.00;
`
`hh.All funds and assets on deposit in Account xxxxxxxx3548 at RBL Bank
`Ltd., including, but not limited to $1,580,917.97, held in the name of
`Shradha AGARWAL;
`
`ii. All funds and assets on deposit in Account xxxxxxxx7836 at RBL Bank
`Ltd., including, but not limited to $333,977.77, held in the name of
`AGARWAL Relative A;
`
`
`6
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`
`
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 7 of 16 PageID #:5179
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`jj. All funds and assets on deposit in Account xxxxxxxx2006 at HSBC,
`including, but not limited to $110,166.42, held in the name of
`AGARWAL Relative A; and
`
`kk. All right, title, and interest in approximately 705,417 shares of Series
`Series Seed-3 Preferred Stock of Start-up Company E, held in the name
`of Jumpstart Ventures II, LLC.
`
`Because of the defendant’s conviction of the above violations, funds in
`
`9.
`
`the amount of $13,700,000 are subject to forfeiture as property which constitutes and
`
`is derived from proceeds traceable to the violations of conviction, and the property is
`
`therefore subject to forfeiture pursuant to the provisions of Title 18, United States
`
`Code, Sections 981(a)(1)(C), 982(a)(2)(A), and Title 28, United States Code, Section
`
`2461(c). Furthermore, because of the defendant’s conviction of the mail, wire, and
`
`bank fraud violations, the foregoing property is subject to forfeiture as property which
`
`constitutes and is derived from proceeds obtained as result of the violations of
`
`conviction, and are therefore subject to forfeiture pursuant to the provisions of Title
`
`18, United States Code, Sections 981(a)(1)(C), 982(a)(2)(A), and Title 28, United
`
`States Code, Section 2461(c).
`
`10. Pursuant to Fed. R. Crim. P. 32.2(b)(2)(B), unless doing so is impractical,
`
`the court must enter the preliminary order of forfeiture sufficiently in advance of
`
`sentencing to allow the parties to suggest revisions or modifications before the order
`
`becomes final as to the defendant at sentencing.
`
`11. The United States requests that this Court enter a personal money
`
`judgment in the amount of $13,700,000, and further enter a preliminary order of
`
`forfeiture pursuant to the provisions of Title 18, United States Code, Sections
`
`
`
`7
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 8 of 16 PageID #:5180
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`981(a)(1)(C), 982(a)(2)(A), and Title 28, United States Code, Section 2461(c), forfeiting
`
`all right, title, and interest defendant SHRADHA AGARWAL has in the foregoing
`
`property, as property constituting and derived from proceeds of the violations of
`
`conviction as charged in the indictment.
`
`12. Pursuant to the provisions of Title 21, United States Code, Section
`
`853(g), as incorporated by Title 28, United States Code, Section 2461(c) and Title 18,
`
`United States Code, Section 982(b)(1), upon entry of this preliminary order of
`
`forfeiture, United States Marshals Service, Federal Bureau of Investigation, or any
`
`other authorized law enforcement agency, shall seize and take custody of the
`
`foregoing property for disposition according to law.
`
`13.
`
`Specifically, the following accounts shall be liquidated and distributed
`
`as follows:
`
`a. All right, title, and interest in Investment Fund A, held in the name of
`Jumpstart Ventures II, LLC,
`including, but not
`limited to,
`approximately $60,000.00 in capital contributions submitted on or
`around May 31, 2018;
`
`b. All right, title, and interest in approximately 17.747958% of Investment
`Company A, held by Gravitas Holdings, LLC, purchased
`for
`approximately $2,537,695.00 on or about October 10, 2017;
`
`c. All right, title, and interest in Investment Fund B, held in the name of
`Jumpstart Ventures II, LLC, including, but not limited to, $15,000.00 in
`capital contributions submitted on or about April 24, 2018;
`
`d. All right, title, and interest in investments made with Investment
`Company B entities, held in the name of Gravitas Holdings, LLC and
`Jumpstart Ventures II, LLC, including, but not limited to $475,000.00
`in capital contributions submitted between August 1, 2017, and
`November 27, 2018;
`
`
`
`
`8
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 9 of 16 PageID #:5181
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`e. All right, title, and interest in Investment Fund C, including, but not
`limited to, $12,000.00 in capital contributions submitted by or on behalf
`of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas Holdings,
`LLC, and Jumpstart Ventures II LLC, on or about May 2, 2018;
`
`f. All right, title, and interest in Investment Fund D, including, but not
`limited to, $1,800,000.00 in capital contributions submitted by or on
`behalf of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas
`Holdings, LLC, and Jumpstart Ventures II LLC, between March 2,
`2018, and July 9, 2019;
`
`g. All right, title, and interest in Investment Fund E, held in the name of
`Gravitas Holdings, LLC, including, but not limited to, $303,045.00 in
`capital contributions submitted between September 27, 2017, and July
`17, 2019;
`
`h. All right, title, and interest in Investment Fund F and Investment Fund
`G, held in the name of Gravitas Holdings, LLC, including, but not
`limited to, $2,235,621.00 in capital contributions submitted between
`June 2, 2017, and July 18, 2017;
`
`i. All right, title, and interest in Investment Fund I, held by Gravitas
`Holdings, LLC, including, but not limited to, $319,489.00 in capital
`contributions submitted on or about June 28, 2019;
`
`j. All right, title, and interest in approximately 60,053 shares of Series A2
`Preferred Stock of Start-up Company A, held in the name of Jumpstart
`Ventures II, LLC;
`
`k. All right, title, and interest in approximately 90,425 shares of Series B3
`Preferred Stock of Start-up Company A, held in the name of Gravitas
`Holdings, LLC;
`
`l. All right, title, and interest in approximately 252,045 shares of Series
`B4 Preferred Stock of Start-up Company A, held in the name of Gravitas
`Holdings, LLC;
`
`m. All right, title, and interest in Investment Fund K, held in the name of
`Gravitas Holdings, LLC, including, but not limited to, $2,222,238.00 in
`capital contributions submitted on or about August 14, 2017;
`
`n. All funds and assets on deposit in Account xxxxxx7618 at Kotak
`Mahindra Bank, including, but not limited to $2,000,000.00, held in the
`name of Shradha AGARWAL;
`
`
`
`9
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 10 of 16 PageID #:5182
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`
`o. All funds and assets on deposit in Account xxxxx6290 and all linked
`accounts at Pershing, LLC, held in the name of Gravitas Holdings, LLC,
`including, but not limited to, Accounts xxxxx6076, xxxxx6159,
`xxxxx3123, xxxxx3129, xxxxx7090, and xxxxx7108, including, but not
`limited to $7,461,413.17;
`
`p. All funds and assets on deposit in Account xxxxx6647 and all linked
`accounts at Pershing, LLC, held in the names of Shradha AGARWAL
`and AGARWAL Relative A, including but not limited to $2,050,383.62
`
`q. All right, title, and interest in Investment Fund A, held in the name of
`Jumpstart Ventures II, LLC,
`including, but not
`limited to,
`approximately $280,000.00 in capital contributions submitted on or
`about January 5, 2017;
`
`r. All right, title, and interest in approximately 3,291 shares of common
`stock of Start-Up Company B, held in the name of Jumpstart Ventures
`II, LLC;
`
`s. All right, title, and interest in Start-Up Company C, including, but not
`limited to, $18,161.00 in capital contributions submitted by or on behalf
`of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas Holdings,
`LLC, and Jumpstart Ventures II LLC, on or about January 5, 2017;
`
`t. All right, title, and interest in Investment Company D, held in the name
`of Jumpstart Ventures II, LLC, including, but not limited to,
`$200,000.00 in capital contributions submitted on or about August 8,
`2016;
`
`u. All right, title, and interest in Investment Fund B, held in the name of
`Jumpstart Ventures II, LLC, including, but not limited to, $175,000.00
`in capital contributions submitted between July 15, 2016, and June 14,
`2017;
`
`v. Funds in the amount of $25,004 seized on December 20, 2020, and all
`remaining right, title, and interest in shares of Investment Fund L,
`formerly known as Investment Fund M, held by Jumpstart Ventures II
`LLC, including, but not limited to, $1,000,000.00 in capital contributions
`submitted on or about May 9, 2016;
`
`w. Funds in the amount of $463,690 seized on May 3, 2021, and all
`remaining right, title, and interest in Investment Fund N, held by
`
`
`
`
`
`
`
`10
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 11 of 16 PageID #:5183
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`Jumpstart Ventures II LLC, including, but not limited to, $100,000.00
`in capital contributions submitted on or about June 28, 2016;
`
`
`
`x. Funds in the amount of $194,616.25 seized on July 8, 2021, and all
`remaining right, title, and interest in Investment Company C, held in
`the name of Jumpstart Ventures II, LLC, including, but not limited to,
`$50,000 in capital contributions submitted on or about January 5, 2017;
`
`y. All right, title, and interest in Investment Fund O, held in the name of
`Jumpstart Ventures II, LLC, including, but not limited to, $158,879.00
`in capital contributions submitted between August 8, 2016, and April
`28, 2017;
`
`z. All right, title, and interest in investments made with Investment
`Company B entities, held in the name of Gravitas Holdings, LLC and
`Jumpstart Ventures II, LLC, including, but not limited to $75,000.00 in
`capital contributions submitted on or about August 12, 2016;
`
`aa. All right, title, and interest in Investment Fund C, including, but not
`limited to, $22,000.00 in capital contributions submitted by or on behalf
`of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas Holdings,
`LLC, and Jumpstart Ventures II LLC, on or about October 27, 2016;
`
`bb. All right, title, and interest in Investment Company E, including, but
`not limited to, $35,000.00 in capital contributions submitted by or on
`behalf of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas
`Holdings, LLC, and Jumpstart Ventures II LLC, on or about January 5,
`2017;
`
`cc. All right, title, and interest in Investment Fund P, including, but not
`limited to, $80,000.00 in capital contributions submitted by or on behalf
`of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas Holdings,
`LLC, and Jumpstart Ventures II LLC, on or about January 5, 2017;
`
`dd. All right, title, and interest in Investment Company F, including, but
`not limited to, $40,000.00 in capital contributions submitted by or on
`behalf of Rishi SHAH, Shradha AGARWAL, Brad PURDY, Gravitas
`Holdings, LLC, and Jumpstart Ventures II LLC, on or about July 15,
`2016;
`
`ee. All right, title, and interest in Investment Fund Q, held in the name of
`Jumpstart Ventures II LLC, including, but not limited to, $45,000.00 in
`capital contributions submitted on or about October 11, 2016;
`
`
`
`
`11
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`

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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 12 of 16 PageID #:5184
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`
`
`ff. All right, title, and interest in approximately 250,454 shares of Series
`Preferred AA stock of Start-up Company D, held in the name of
`Jumpstart Ventures II, LLC;
`
`gg. All right, title, and interest in approximately 751,362 shares of common
`stock of Start-up Company D, held in the name of Jumpstart Ventures
`II, LLC;
`
`hh.All funds and assets on deposit in Account xxxxxxxx3548 at RBL Bank
`Ltd., including, but not limited to $1,580,917.97, held in the name of
`Shradha AGARWAL;
`
`ii. All funds and assets on deposit in Account xxxxxxxx7836 at RBL Bank
`Ltd., including, but not limited to $333,977.77, held in the name of
`AGARWAL Relative A;
`
`jj. All funds and assets on deposit in Account xxxxxxxx2006 at HSBC,
`including, but not limited to $110,166.42, held in the name of
`AGARWAL Relative A; and
`
`kk. All right, title, and interest in approximately 705,417 shares of Series
`Series Seed-3 Preferred Stock of Start-up Company E, held in the name
`of Jumpstart Ventures II, LLC.
`
`
`14. Further, pursuant to the provisions of Title 21, United States Code,
`
`Section 853(n)(1), as incorporated by Title 28, United States Code, Section 2461(c)
`
`and Title 18, United States Code, Section 982(b)(1), upon entry of this preliminary
`
`order of forfeiture, the United States shall publish notice of this order and of its intent
`
`to dispose of the subject property according to law. The United States may also, to
`
`the extent practicable, provide written notice to any person known to have alleged an
`
`interest in the property that is the subject of the preliminary order of forfeiture.
`
`15. Further, pursuant to the provisions of Title 21, United States Code,
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`Section 853(n)(2), as incorporated by Title 28, United States Code, Section 2461(c)
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`and Title 18, United States Code, Section 982(b)(1), if, following notice as directed by
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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 13 of 16 PageID #:5185
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`this Court and Title 21, United States Code, Section 853(n)(1), any person, other than
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`the defendant, asserts a legal interest in the subject property has been ordered
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`forfeited to the United States, within thirty days of the final publication of notice or
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`this receipt of notice under paragraph 14, whichever is earlier, and petitions the
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`Court for a hearing to adjudicate the validity of this alleged interest in the property,
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`the government shall request a hearing. The hearing shall be held before the court
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`alone, without a jury.
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`16. Following the Court’s disposition of all third party interests, the Court
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`shall, upon the government=s motion, if appropriate, enter a final order of forfeiture
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`as to the subject property which shall vest clear title in the United States of America.
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`17.
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`If funds to satisfy the personal money judgment entered against
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`defendant SHRADHA AGARWAL, as a result of any act or omission of the defendant:
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`b.
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`c.
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`d.
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`e.
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`cannot be located upon the exercise of due diligence;
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`have been transferred or sold to, or deposited with, a third-party;
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`have been placed beyond the jurisdiction of the Court;
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`have been substantially diminished in value, or
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`have been commingled with other property which cannot be
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`the United States shall request that this Court order the forfeiture of any other
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`property belonging to defendant SHRADHA AGARWAL up to the value of the money
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`judgment requested herein, pursuant to Title 21, United States Code, Section 853(p),
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`as incorporated by Title 28, United States Code, Section 2461(c) and Title 18, United
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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 14 of 16 PageID #:5186
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`States Code, Section 982(b)(1), and Fed. R. Crim. P. 32.2, in order to satisfy the money
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`judgment entered by the Court.
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`18. Pursuant to this provision, the government has identified certain
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`property, namely funds in the amount of $3,816,824.52 turned over to the FBI from
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`Law Firm B on July 13, 2020, as property available to apply toward satisfaction of
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`the forfeiture judgment entered by this Court.
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`19.
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`If funds in the amount of the outstanding judgment cannot be located to
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`satisfy the forfeiture judgment, pursuant to the provisions of Title 21, United States
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`Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c)
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`and Title 18, United States Code, Section 982(b)(1), and by Fed. R. Crim. P. 32.2, the
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`United States, has the authority to forfeit additional substitute assets to satisfy the
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`money judgment. Should assets become available to satisfy the forfeiture judgment
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`in the future, the United States shall, at that time, file a motion for substitution of
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`assets before this Court requesting permission to seize such assets and publish notice
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`of the United States’ intent to forfeit the property to satisfy any the forfeiture money
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`judgment according to law.
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`20. Pursuant to Title 21, United States Code, Section 853, as incorporated
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`by Title 28, United States Code, Section 2461(c) and Title 18, United States Code,
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`Section 982(b)(1), and Subdivision (b)(3) of Rule 32.2 of the Federal Rules of Criminal
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`Procedure, upon entry of this Preliminary Order of Forfeiture, the Court hereby
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`authorizes the Attorney General or her designated representatives to conduct
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`discovery to identify or locate property subject to forfeiture, including substitute
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`14
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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 15 of 16 PageID #:5187
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`assets, and to seize property ordered forfeited upon such terms and conditions as set
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`forth by the Court.
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`21. Pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and
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`982(a)(2)(A), Title 28, United States Code, Section 2461(c), and Fed. R. Crim. P. 32.2,
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`the United States requests that the terms and conditions of this preliminary order of
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`forfeiture entered by this Court be made part of the sentence imposed against
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`defendant SHRADHA AGARWAL and included in any judgment and commitment
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`order entered in this case against her.
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`Case: 1:19-cr-00864 Document #: 466 Filed: 06/15/23 Page 16 of 16 PageID #:5188
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`WHEREFORE, pursuant to the provisions of Title 18, United States Code,
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`Sections 981(a)(1)(C) and 982(a)(1), Title 28, United States Code, Section 2461(c),
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`Title 21, United States Code, Section 853(p), and Fed. R. Crim. P. 32.2, the United
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`States requests that this Court enter a personal money judgment against defendant
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`SHRADHA AGARWAL in the amount $13,700,000, and further enter a preliminary
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`order of forfeiture against defendant SHRADHA AGARWAL as to the foregoing
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`property, in accordance with the draft preliminary order of forfeiture which is
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`submitted herewith.
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`Respectfully submitted,
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`MORRIS PASQUAL
`Acting United States Attorney
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`By:
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`_________________________________
`Matthew F. Madden
`Saurish Appleby-Bhattacharjee
`Assistant United States Attorneys
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`GLENN S. LEON
`Chief, Fraud Section
`Criminal Division
`U.S. Department of Justice
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`By:
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`_______________________________
`Kyle C. Hankey
`Assistant Chief
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