GasselilféecOOU766VEEC DoccuneettLOG6s2 AxeldOQ20G2222 AaagellobfL00 USDC SDNY
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 1 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 1 of 10
`
`USDC SDNY
`DOCUMENT
`DOCUMENT
`ELECTRONICALLY FILED
`ELECTRONICALLY FILED
`DOC #:
`
`
`
`DOC#:
`(cid:19)(cid:16)(cid:20)(cid:16)(cid:19)(cid:17)(cid:19)(cid:19)
`
`DATE FILED:
`
`
`DATEFILED: 2/3/2022
`STIPULATION AND ORDER
`
`:
`
`:
`
`:
`
`OF SETTLEMENT AS TO
`
`SUBSTITUTE ASSETS
`
`$2 16 Cr. 776 (VEC)
`
`ee ee x
`
`SUNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF NEW YORK
`UNITED STATES OF AMERICA
`
`= % =
`
`JOSEPH GERARDI,
`
`Defendant.
`
`Re eee ee xX
`
`WHEREAS, on September 19, 2017,
`
`JOSEPH GERARDI,
`
`the
`
`defendant
`
`(the “Defendant”), was charged in a superseding
`
`Indictment, S2 16 Cr. 776 (VEC)
`
`(the “Indictment”) with, among
`
`other things, one count of conspiracy to commit wire fraud,
`
`in
`
`violation of Title 18, United States Code, Section 1349 (Count
`
`One} and one count of wire fraud,
`
`in violation of Title 18,
`
`United States Code, Sections 1343 and 2
`
`(Count Two);
`
`WHEREAS,
`
`the Indictment included a forfeiture
`
`allegation as to Counts One and Two of the Indictment, seeking
`
`forfeiture to the United States, pursuant to Title 18, United
`
`States Code, Section 981(a) (1) (C), and Title 28, United States
`
`Code, Section 2461(c), of any and all property, real and
`
`personal, which constitutes, or is derived from, proceeds
`
`traceable to the commission of the offenses alleged in Counts
`
`One and Two of the Indictment,
`
`including but not limited to a
`
`sum of money in United States currency representing the amount
`
`|
`
`|
`|
`
`:
`
`F
`FETTRAT
`SOIT
`wee
`
`
`i
`
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 1 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 1 of 10
`
`USDC SDNY
`DOCUMENT
`DOCUMENT
`ELECTRONICALLY FILED
`ELECTRONICALLY FILED
`DOC #:
`
`
`
`DOC#:
`(cid:19)(cid:16)(cid:20)(cid:16)(cid:19)(cid:17)(cid:19)(cid:19)
`
`DATE FILED:
`
`
`DATEFILED: 2/3/2022
`STIPULATION AND ORDER
`
`:
`
`:
`
`:
`
`OF SETTLEMENT AS TO
`
`SUBSTITUTE ASSETS
`
`$2 16 Cr. 776 (VEC)
`
`ee ee x
`
`SUNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF NEW YORK
`UNITED STATES OF AMERICA
`
`= % =
`
`JOSEPH GERARDI,
`
`Defendant.
`
`Re eee ee xX
`
`WHEREAS, on September 19, 2017,
`
`JOSEPH GERARDI,
`
`the
`
`defendant
`
`(the “Defendant”), was charged in a superseding
`
`Indictment, S2 16 Cr. 776 (VEC)
`
`(the “Indictment”) with, among
`
`other things, one count of conspiracy to commit wire fraud,
`
`in
`
`violation of Title 18, United States Code, Section 1349 (Count
`
`One} and one count of wire fraud,
`
`in violation of Title 18,
`
`United States Code, Sections 1343 and 2
`
`(Count Two);
`
`WHEREAS,
`
`the Indictment included a forfeiture
`
`allegation as to Counts One and Two of the Indictment, seeking
`
`forfeiture to the United States, pursuant to Title 18, United
`
`States Code, Section 981(a) (1) (C), and Title 28, United States
`
`Code, Section 2461(c), of any and all property, real and
`
`personal, which constitutes, or is derived from, proceeds
`
`traceable to the commission of the offenses alleged in Counts
`
`One and Two of the Indictment,
`
`including but not limited to a
`
`sum of money in United States currency representing the amount
`
`|
`
`|
`|
`
`:
`
`F
`FETTRAT
`SOIT
`wee
`
`
`i
`
`
`
`
`une
`
`
`i‘ ;: T
`
`ETRAUTaTEE
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 2 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 2 of 10
`GasselilféecrOOU766VEEC DoccuneettLOG6s2 AxelOQ20G2222 Aaage2206fL00
`
`of proceeds traceable to the commission of the offenses charged
`
`
`in Counts One and Two of the Indictment;
`
`WHEREAS, on July 12, 2018,
`
`the Defendant was found
`
`guilty,
`
`following a jury trial, of Counts One and Two of the
`
`Indictment;
`
`WHEREAS, on December 6, 2018,
`
`the Defendant was
`
`sentenced and ordered to forfeit the amount of proceeds
`
`traceable to the commission of the offenses charged in Counts
`
`One and Two of the Indictment;
`
`WHEREAS, on or about February 11, 2019,
`
`this Court
`
`entered a Consent Preliminary Order of Forfeiture/Money Judgment
`imposing a forfeiture money judgment against the Defendant
`in
`
`the amount of $898,954.20 in United States currency (the “Money
`Judgment”), representing the amount of proceeds traceable to the
`
`offenses charged in Counts One and Two of the Indictment that
`
`the Defendant personally obtained;
`
`WHEREAS, pursuant to the Consent Preliminary Order of
`Forfeiture/Money Judgment,
`the Defendant agreed to make payment
`of the Money Judgment by 30 days after the mandate of the United
`
`States Court of Appeals for the Second Circuit is issued;
`
`WHEREAS,
`
`the mandate of the United States Court of
`
`Appeals for the Second Circuit was issued on or about December
`
`14, 2021, and therefore 30 days after the issuance of the
`
`mandate occurred on or about January 13, 2022;
`2
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 3 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 3 of 10
`Gasselilb6eciOOU7B66VEEC DoccuneettLOG6s2 AxelOQ20GB222 Haage33o6fL00
`
`WHEREAS, by Order dated January 12, 2022,
`
`the Court
`
`granted the Defendant an extension until February 14, 2022 to
`
`satisfy the Money Judgment;
`
`
`WHEREAS,
`
`the Defendant has requested additional time
`
`to satisfy the Money Judgment;
`
`WHEREAS, pursuant to Title 21, United States Code,
`
`Section 853(p),
`
`the Government is entitled to forfeit other
`
`
`property of the Defendant up to the amount of the Money
`
`Judgment ;
`
`WHEREAS,
`
`the Defendant and hia wife, Laurie R.
`
`Gerardi, possess,
`
`in the name of Laurie R. Gerardi, real
`
`property located at 144 Sawmill Way, Long Lake, New York 12847
`
`(the “Long Lake Property”), which the parties agree is subject
`
`to forfeiture as substitute assets in order to satisfy an
`
`outstanding Money Judgment; and
`
`WHEREAS,
`
`the Government,
`
`the Defendant, and Laurie R.
`
`Gerardi have agreed to resolve their respective claims to those
`
`
`assets and satisfy the Money Judgment on the terms set forth
`
`below;
`
`
`IT ITS HEREBY STIPULATED AND AGREED, by and between the
`
`United States of America, by its attorney, Damian Williams,
`
`United States Attorney, Assistant United States Attorneys Janis
`
`Echenberg and Matthew Podolsky, of counsel, and the Defendant,
`
`
`
`
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 4 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 4 of 10
`GasselilféeciOOU766VEEC DocouneenttLOG6s2 AxelOQ20G2222 Faage44obfL00
`
`Joseph Gerardi, and the Defendant’s wife, Laurie R. Gerardi, and
`
`the Defendant’s counsel, Alexandra Shapiro, Esq.
`
`that:
`
`1.
`
`The Defendant shall satisfy the Money Judgment by
`
`150 days after the issuance the mandate of the United States
`
`Court of Appeals for the Second Circuit, which was on December
`
`14, 2021;
`
`2.
`
`The Defendant and Laurie R. Gerardi
`
`(together,
`
`the “Gerardis”) shall not sell,
`
`transfer, or encumber the Long
`
`Lake Property prior to payment of the Money Judgment in full
`without the prior written authorization of the Government,
`
`except as provided in paragraph 3 below.
`
`The government shall
`
`not unreasonably withhold such authorization.
`
`Should the
`
`Gerardis sell,
`
`transfer, or encumber the Long Lake Property with
`
`the Government's authorization prior to payment of the Money
`
`Judgment in full,
`
`the Gerardis shall pay any balance remaining
`
`on the Money Judgment to the United States from the proceeds of
`any sale, tmmeter or encumbrance of the Long Lake Property
`
`prior to making any other distribution of such proceeds.
`
`Such
`
`payment shall be made at either the time of closing of the sale
`
`or transfer in the manner directed by counsel for the
`
`Government.
`
`3.
`
`The Gerardis shall not incur any obligations
`
`secured by the Long Lake Property after the date of the entry of
`
`this Stipulation and Order, without the prior written
`4
`
`
`
`STRRRSRNESETONES
`
`REONALNt SCSIOOSTTET
`
`
`
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 5 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 5 of 10
`GaaselllB6eciO007B6VEHEC DoocumeentlOGSS82 Axec0@20G2222 Heajged5o6fl00
`
`authorization of the Government. However, notwithstanding
`
`anything else in this Stipulation and Order,
`
`the Gerardis are
`
`permitted to refinance, obtain a home equity line of credit
`
`(“HELOC”’), or obtain a home equity loan using the Long Lake
`
`Property as collateral, provided that the Gerardis pay any
`
`balance remaining on the Money Judgment to the United States
`
`from the proceeds prior to making any other distribution of such
`
`proceeds.
`
`4,
`
`The Gerardis shall maintain the Long Lake
`
`Property at their expense in the same, or better, condition and
`
`repair as of the date of this Stipulation and Order.
`
`The term
`
`“maintain” shall include, but not be limited to, keeping the
`
`Long Lake Property free of hazards and/or structural defects;
`
`keeping all heating, air conditioning, plumbing, electrical,
`
`gas, oil, or other power facilities in good working condition
`
`and repair; keeping the Long Lake Property clean and performing
`
`necessary sanitation and waste removal; maintaining the Long
`
`Lake Property and grounds in good condition by providing snow
`
`removal,
`
`lawn mowing and all other ordinary and necessary
`
`routine maintenance.
`
`The Gerardis shall maintain casualty and
`
`fire insurance equal to the full replacement cost of the Long
`
`Lake Property and all improvements thereon, and shall maintain
`
`liability insurance for injuries occurring on or resulting from
`
`the use of the property, or activities or conditions thereon.
`5
`
`
`
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 6 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 6 of 10
`GasselilféeciOOU766VEEC DoccuneettLOG6s2 AxeldOQ20G2222 HaagescobfL00
`
`The Gerardis shall also timely pay any and all mortgage, home
`
`equity loan, rent utilities, sewer,
`
`trash, maintenance, cable
`
`television,
`
`tax and/or other obligations, otherwise necessary
`
`and due on the Long Lake Property. Moreover,
`
`the Gerardis shall
`
`abide by all laws, codes, reguiations, ordinances, covenants,
`
`rules, bylaws, binding agreements and/or stipulations or
`
`conditions pertaining to the care, maintenance, control and use
`
`of the Long Lake Property.
`
`5.
`
`If the Defendant fails to pay the Money Judgment
`
`in full by 150 days after the issuance of the mandate,
`
`the
`
`Gerardis consent to the following:
`
`a.
`
`The Long Lake Property shall be sold by the
`
`United States Marshals Service (the “Marshals”)
`
`(or its
`
`designee), and the unpaid portion of the Money Judgment shall be
`
`forfeited as a substitute asset from the net proceeds of that
`
`sale,
`
`Ba
`
`The Gerardis shall expeditiously execute any
`
`and all paperwork and fulfill any other requirements in
`
`furtherance of a Marshals sale of the Long Lake Property,
`including vacating the Long Lake Property within 90 days after
`
`failure to satisfy the Money Judgment.
`
`Ge
`
`The Gerardis shall not file any petition or
`
`claim as to the portion of the net proceeds of the Marshals sale
`
`
`
`
`FATT
`
`
`
`
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 7 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 7 of 10
`GasselilbéeciOOU766VEEC DocouneenttLOG6s2 AxelOQ20G2222 Haage//obfL00
`
`equal to the unpaid balance of the Money Judgment, or assist any
`
`other person in doing so.
`
`a.
`
`The net proceeds of the sale of the Long
`
`Lake Property shall include all amounts received from the sale
`
`of the Long Lake Property after payment of outstanding taxes,
`
`valid prior liens, real estate commissions,
`
`insurance costs,
`
`escrow fees, document recording fees not paid by the buyer,
`
`title fees, county transfer fees,
`
`reasonable real estate
`
`attorney’s fees, if any, associated with the Marshals’ sale, and
`
`any and all expenses, if any,
`
`incurred by the Marshals or
`
`designees in connection with the custody, maintenance and sale
`
`of the Long Lake Property.
`
`e.
`
`If the net proceeds of the Long Lake
`
`Property are greater than the unpaid balance of the Money
`
`Judgment at the time of the sale,
`
`the excess proceeds shall be
`
`transferred by the Marshals to the Gerardis in the manner
`
`directed by the Defendant’s counsel.
`6.
`Except as set forth in Paragraph 5,
`
`the
`
`Government shall not take any action to seize or forfeit the
`
`Long Lake Property.
`
`Ts
`
`Until the Money Judgment is fully paid,
`
`the
`
`United States Marshals Service or its designees shall have the
`
`right to enter and inspect the Long Lake Property, upon 72 hours
`
`advance notice to the Defendant’s attorney,
`7
`
`in order to ensure
`
`
`
`rer
`
`
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 8 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 8 of 10
`GasselilfteciOOU766VEEC DocouneenttLOG6s2 AxeldOQ20G2222 Aaage8eobfL00
`
`compliance with this Stipulation and Order of Settlement.
`
`‘The
`
`Gerardis shall fully cooperate with any persons and entities
`
`designated by the Marshals to inspect the Long Lake Property.
`
`8.
`
`The Gerardis are barred from asserting, or
`
`assisting others in asserting, any claim against the Government,
`
`including the Department of Justice,
`the United States
`Attorney's Office for the Southern District of New York, and the
`
`United States Marshals Service, and all employees, officers, and
`
`agents of the Government,
`
`in connection with the sale of the
`
`Long Lake Property pursuant to this Order.
`
`9.
`
`Notwithstanding anything else in this Stipulation
`
`and Order, if as a result of further proceedings in the United
`States Supreme Court the convictions of Defendant Joseph Gerardi
`
`on Counts One and Two are reversed or vacated,
`
`the government
`
`shall have no entitlement to forfeiture against him based on
`
`those convictions. Accordingly,
`
`the Money Judgment shall be
`
`void, all restrictions on the Long Lake Property shall be
`
`lifted, and the government shall return to Joseph Gerardi any
`
`portion of the Money Judgment paid.
`
`10.
`
`The Court shall retain jurisdiction to enforce
`
`this Stipulation and Order, and to amend it as necessary,
`
`
`pursuant to Rule 32.2(e) of the Federal Rules of Criminal
`
`Procedure.
`
`
`
`oSRe
`
`
`
`
`
`
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 9 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 9 of 10
`GasselilféecOOU766VEEC DocouneettLOG6s2 AxtelOQ20GB222 Aaage2906fL00
`
`11.
`
`Each party shall bear its own costs and
`
`attorney’s fees.
`
`12.
`
`The Clerk of the Court shall forward three
`
`certified copies of this Stipulation and Order to the United
`States Attorney’s Office, Southern District of New York, Attn:
`Money Laundering and Asset Forfeiture Unit, One St. Andrew’s
`
`Plaza, New York, New York 10007.
`
`13.
`
`The signature page of this Order may be executed
`
`in one or more counterparts, each of which will be deemed an
`
`original but all of which together will constitute one and the
`
`
`
`AATRESeaRERI
`
`
`
`
`
`
`
`Case 1:16-cr-00776-VEC Document 1038 Filed 02/03/22 Page 10 of 10
`Case 1:16-cr-00776-VEC Document 1036-2 Filed 02/03/22 Page 10 of 10
`GasselilféecO00766VEEC DoccuneentL0O3682 Axtec0@20GB222 AeagelO00bfL00
`
`same instrument. Signature pages may be by email or fax and such
`
`Signatures shall be deemed as valid originals.
`
`AGREED AND CONSENTED TO:
`
`DAMTAN WILLIAMS
`United States Attorney for the
`Southern District of New York
`
`|fii
`i4a
`
`
`
`By: =_2/3/2ru
`
`
`
`
`JANIS
`ECHENBERG
`MA'SVHEW PODOLSKY
`Assistant United States Attorneys
`One St. Andrew's Plaza
`New York, NY 10007
`Tel.:
`(212) 637-2597/1947
`
`DATE
`
`
`
`
`
`i
`
`y
`
`By:
`
`,
`
`
`
`bpoeme
`
`| oh. ]
`ui AvrrtheGERARDI
`- A. Lerarole
`_ ALare
`By: CYQ1LMKxe
`LONSHAPIROY
`ESQ.
`
`
`LAURIE R. GERARDI
`
`7
`
`
`
`
`Shapiro Arato Bach LLP
`500 Fifth Avenue,
`40*® Floor
`New York, New York 10110
`Counsel for Joseph Gerardi
`
`SO ORDERED:
`
`\oQe (c
`
`
`
`HONORABLE VALERIE |E. CAPRONT
`United States District Judge
`
`LO
`
`\. 4S.Sa,
`DATE
`\.8S- ea
`DATE
`t(as/a2
`
`DATE
`
`2/3/2022
`(cid:19)(cid:16)(cid:20)(cid:16)(cid:19)(cid:17)(cid:19)(cid:19)
`DATE
`
`
`
`
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