Case 1:16-cr-00091-PKC Document 490 Filed 10/07/22 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`UNITED STATES OF AMERICA
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`WHEREAS, on or about November 30, 2016, SCOTT TUCKER (the
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`“Defendant”), was charged in a fourteen-count Superseding Indictment, S1 16 Cr. 091 (PKC) (the
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`“Indictment”), with conspiracy to collect unlawful debts, in violation of Title 18, United States
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`Code, Section 1962(d) (Count One); collection of unlawful debts, in violation of Title 18, United
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`States Code, Section 1962(c) (Counts Two through Four); conspiracy to commit wire fraud, in
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`violation of Title 18, United States Code, Section 1349 (Count Five); wire fraud, in violation of
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`Title 18, United States Code, Sections 1343 and 2 (Count Six); conspiracy to commit money
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`laundering, in violation of Title 18, United States Code, Section 1956(h) (Count Seven); promotion
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`money laundering, in violation of Title 18, United States Code, Sections 1956(a)(l)(A)(i) and 2
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`(Count Eight); concealment money laundering, in violation of Title 18, United States Code,
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`Sections 1956(a)(l)(B)(i) and 2 (Count Nine); and with false Truth in Lending Act disclosures, in
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`violation of Title 15, United States Code, Section 1611 and Title 18, United States Code, Section
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`2 (Counts Ten through Fourteen);
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`WHEREAS, on or about October 13, 2017, the Defendant was found guilty
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`following a jury trial of all counts of the Indictment;
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`SECOND PRELIMINARY ORDER
`OF FORFEITURE
`AS TO SUBSTITUTE ASSETS
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`S1 16 Cr. 91 (PKC)
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`SCOTT TUCKER,
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` Defendant.
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`Defendant.
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`- ---- -
`UNITED STATES OF AMERICA
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` v. -
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` -
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`WHEREAS, on or about November 30, 2016, SCOTT TUCKER (the
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`“Defendant”), was charged in a fourteen-count Superseding Indictment, S1 16 Cr. 091 (PKC) (the
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`“Indictment”), with conspiracy to collect unlawful debts, in violation of Title 18, United States
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`Code, Section 1962(d) (Count One); collection of unlawful debts, in violation of Title 18, United
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`States Code, Section 1962(c) (Counts Two through Four); conspiracy to commit wire fraud, in
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`violation of Title 18, United States Code, Section 1349 (Count Five); wire fraud, in violation of
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`Title 18, United States Code, Sections 1343 and 2 (Count Six); conspiracy to commit money
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`laundering, in violation of Title 18, United States Code, Section 1956(h) (Count Seven); promotion
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`money laundering, in violation of Title 18, United States Code, Sections 1956(a)(l)(A)(i) and 2
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`(Count Eight); concealment money laundering, in violation of Title 18, United States Code,
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`Sections 1956(a)(l)(B)(i) and 2 (Count Nine); and with false Truth in Lending Act disclosures, in
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`violation of Title 15, United States Code, Section 1611 and Title 18, United States Code, Section
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`2 (Counts Ten through Fourteen);
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`WHEREAS, on or about October 13, 2017, the Defendant was found guilty
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`following a jury trial of all counts of the Indictment;
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`1
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`SECOND PRELIMINARY ORDER
`OF FORFEITURE
`AS TO SUBSTITUTE ASSETS
`
`S1 16 Cr. 91 (PKC)
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`SCOTT TUCKER,
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` Defendant.
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`Defendant.
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`Case 1:16-cr-00091-PKC Document 490 Filed 10/07/22 Page 2 of 6
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`WHEREAS, on or about April 17, 2018, the Court entered an Amended Preliminary
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`Order of Forfeiture as to Specific Property/Money Judgment (D.E. 344), imposing a money
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`judgment against the Defendant in the amount of $3,500,000,000.00 (the “Money Judgment”), and
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`forfeiting, inter alia, all of the Defendant’s right, title and interest in certain property of the
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`Defendant (the “Specific Property”);
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`WHEREAS, on or about February 22, 2019, the Court entered a First Final Order
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`of Forfeiture (the “First Final Order”), forfeiting to the United States all right, title, and interest in
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`certain assets contained in the Specific Property (the “First Final Order Property”) (D.E. 376);
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`WHEREAS, on or about August 27, 2019, the Court entered a Second Final Order
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`of Forfeiture (the “Second Final Order”), forfeiting to the United States all right, title, and interest
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`in certain assets contained in the Specific Property (the “Second Final Order Property”) (D.E. 412);
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`WHEREAS, on or about April 7, 2021, the Court entered a Third Final Order of
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`Forfeiture as to Specific Property (the “Third Final Order”), forfeiting to the United States all right,
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`title and interest in a certain asset contained in the Specific Property (the “Third Final Order
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`Property”) (D.E. 445);
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`WHEREAS, to date, $3,388,851,383.91 of the Money Judgment against the
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`Defendant remains outstanding;
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`WHEREAS, as a result of acts and omissions of the Defendant, the United States
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`was not able to locate, obtain or collect assets traceable to the proceeds of the Defendant’s offenses,
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`despite the exercise of due diligence in investigating the assets of the Defendant, except for the
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`Specific Property;
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`Case 1:16-cr-00091-PKC Document 490 Filed 10/07/22 Page 3 of 6
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`WHEREAS, on or about June 9, 2021, the Court entered a Preliminary Order of
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`Forfeiture as to Substitute Assets (the “First Preliminary Substitute Assets Order”) (D.E. 447),
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`forfeiting to the United States all of the Defendant’s right title and interest in certain specific assets
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`(the “Initial Substitute Assets”) in which the Defendant had an ownership interest that were in the
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`possession, custody, and control of the court-appointed monitor (the “FTC Monitor”) in a related
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`civil proceeding brought against the Defendant by the Federal Trade Commission (“FTC”) in FTC
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`v. AMG Services, Inc., et al., 12 Civ. 536 (GMN) (VCF), in the United States District Court of
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`Nevada (the “FTC Action”);
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`WHEREAS, the Initial Substitute Assets subject to the First Preliminary Substitute
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`Assets Order are valued at approximately $15,600,000, such that at least approximately
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`$3,373,251,383.91 of the Money Judgment against the Defendant remains outstanding;
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`WHEREAS, after entry of the Preliminary Order of Forfeiture, the FTC identified
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`the following additional assets of the Defendant that were not included in the First Preliminary
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`Substitute Assets Order, which consist of the balance of deposits made by the Defendant to certain
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`law firms as retainers for legal fees and expenses that were not incurred, which were subsequently
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`transferred by those law firms to the FTC as part of the FTC Action:
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`$3,031,974.71 transferred from the trust account of Berkowitz Oliver LLP to the
`FTC on November 28, 2016;
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`$43,261.57 transferred from the trust account of Berkowitz Oliver LLP to the
`FTC on December 2, 2016;
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`$610.90 transferred from the trust account of Berkowitz Oliver LLP to the FTC
`on February 10, 2017;
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`$694,699.50 transferred from the trust account of Quinn Emanuel Urquhart &
`Sullivan, LLP to the FTC on November 29, 2016;
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`a.
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`b.
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`c.
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`d.
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`Case 1:16-cr-00091-PKC Document 490 Filed 10/07/22 Page 4 of 6
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`e.
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`f.
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`$6,932,610.05 transferred from the trust account of Zuckerman Spaeder, LLP to
`the FTC on November 30, 2016; and
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`$7,500 transferred from the trust account of Varnum, LLP to the FTC on
`December 21, 2016,
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`(collectively, the “Additional Substitute Assets”);
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`WHEREAS, the Government is seeking the forfeiture of all of the Defendant’s
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`right, title and interest in the Additional Substitute Assets.
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`NOW IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
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`1. All of the Defendant’s right, title and interest in the Additional Substitute
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`Assets are hereby forfeited to the United States of America, for disposition in accordance with the
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`law, subject to the provisions of Title 21, United States Code, Section 853(n).
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`2. Upon entry of this Second Preliminary Order of Forfeiture of Substitute
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`Assets, to the extent the Additional Substitute Assets are ordered released in the FTC Action or
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`the judgment in favor of the FTC in the FTC Action is reversed, the United States Marshals Service
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`(or its designee) is hereby authorized to take possession of the Additional Substitute Assets and to
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`keep them in its secure, custody and control.
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`3. Upon entry of a Final Order of Forfeiture, the Additional Substitute Assets
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`shall be applied towards the partial satisfaction of the Money Judgment entered against the
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`Defendant.
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`4.
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`Pursuant to Title 21, United States Code, Section 853(n)(1), Rule 32.2(b)(6)
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`of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(5)(a)(ii) of the
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`Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the United
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`States shall publish for at least thirty (30) consecutive days on the official government internet
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`Case 1:16-cr-00091-PKC Document 490 Filed 10/07/22 Page 5 of 6
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`forfeiture site, www.forfeiture.gov, notice of this Second Preliminary Order of Forfeiture as to
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`Substitute Assets and provide notice that any person, other than the Defendant in this case,
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`claiming an interest in the Additional Substitute Assets must file a petition within sixty (60) days
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`from the first day of publication of the notice on this official government internet site, or no later
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`than thirty-five (35) days from the mailing of actual notice, whichever is earlier.
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`5. The notice referenced in the preceding paragraph shall state that the petition
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`shall be for a hearing to adjudicate the validity of the petitioner’s alleged interest in the Additional
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`Substitute Assets, shall be signed by the petitioner under penalty of perjury, and shall set forth the
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`nature and extent of the petitioner’s right, title or interest in the Additional Substitute Assets and
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`any additional facts supporting the petitioner’s claim and the relief sought, pursuant to Title 21,
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`United States Code, Section 853(n).
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`6. The United States may also, to the extent practicable, provide direct written
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`notice to any person, other than the Defendant, known to have an alleged interest in the Additional
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`Substitute Assets, as a substitute for published notice as to those persons so notified.
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`7. Upon adjudication of all third-party interests, this Court will enter a Final
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`Order of Forfeiture with respect to the Additional Substitute Assets, pursuant to Title 21, United
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`States Code, Section 853(n), in which all interests will be addressed.
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`Case 1:16-cr-00091-PKC Document 490 Filed 10/07/22 Page 6 of 6
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`8.
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`The Court shall retain jurisdiction to enforce this Second Preliminary Order
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`of Forfeiture as to Substitute Assets, and to amend it as necessary, pursuant to Federal Rule of
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`Criminal Procedure 32.2(e).
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`Dated: New York, New York
` October 7, 2022
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`SO ORDERED:
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`HONORABLE P. KEVIN CASTEL
`UNITED STATES DISTRICT JUDGE
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