Case 1:18-cr-00905-LTS Document 242 Filed 04/01/22 Page1of8
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`_
`- eee eee LLL LLL gg
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`:
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`:
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`:
`:
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`CONSENT ORDER OF
`
`FORFEITURE AS TO SPECIFIC
`
`PROPERTY /
`
`MONEY JUDGMENT
`
`S5 18 Cr. 905 (LTS)
`
`: :
`
`UNITED STATES OF AMERICA
`
`- Vv.
`
`-
`
`JIAN FENG WU,
`
`Defendant.
`
`BH HHH SH HE ee Bee Bee
`
`WHEREAS,
`
`on or about February 7,
`
`2019,
`
`JIAN FENG WU
`
`(the
`
`“defendant”), was charged in a one-count Superseding Indictment,
`
`S5 18 Cr. 905 (LTS)
`
`(the “Indictment”), with conspiracy to commit
`
`money laundering,
`
`in violation of Title 18, United States Code,
`
`section 1956(h) (Count One);
`
`WHEREAS,
`
`the Indictment
`
`to Count One of the Indictment, seeking forfeiture to the United
`
`included a forfeiture allegation as
`
`
`
`States,
`
`pursuant
`
`to Title
`
`18, United States Code,
`
`Section
`
`982(a) (1), of any and all property, real and personal,
`
`involved in
`
`the offense, or any property traceable to such property,
`
`including
`
`but not
`
`limited to a
`
`sum of money in United States currency
`
`representing the amount of property involved in the offense alleged
`
`in Count One of the Indictment;
`
`
`WHEREAS, on or about December 17, 2019,
`
`the defendant pled
`
`guilty to Count One of the Indictment, pursuant to a plea agreement
`
`with the Government, wherein the defendant admitted the forfeiture
`
`
`allegation with respect to Count One of the Indictment and agreed
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`_
`- eee eee LLL LLL gg
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`:
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`:
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`:
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`CONSENT ORDER OF
`
`FORFEITURE AS TO SPECIFIC
`
`PROPERTY /
`
`MONEY JUDGMENT
`
`S5 18 Cr. 905 (LTS)
`
`: :
`
`UNITED STATES OF AMERICA
`
`- Vv.
`
`-
`
`JIAN FENG WU,
`
`Defendant.
`
`BH HHH SH HE ee Bee Bee
`
`WHEREAS,
`
`on or about February 7,
`
`2019,
`
`JIAN FENG WU
`
`(the
`
`“defendant”), was charged in a one-count Superseding Indictment,
`
`S5 18 Cr. 905 (LTS)
`
`(the “Indictment”), with conspiracy to commit
`
`money laundering,
`
`in violation of Title 18, United States Code,
`
`section 1956(h) (Count One);
`
`WHEREAS,
`
`the Indictment
`
`to Count One of the Indictment, seeking forfeiture to the United
`
`included a forfeiture allegation as
`
`
`
`States,
`
`pursuant
`
`to Title
`
`18, United States Code,
`
`Section
`
`982(a) (1), of any and all property, real and personal,
`
`involved in
`
`the offense, or any property traceable to such property,
`
`including
`
`but not
`
`limited to a
`
`sum of money in United States currency
`
`representing the amount of property involved in the offense alleged
`
`in Count One of the Indictment;
`
`
`WHEREAS, on or about December 17, 2019,
`
`the defendant pled
`
`guilty to Count One of the Indictment, pursuant to a plea agreement
`
`with the Government, wherein the defendant admitted the forfeiture
`
`
`allegation with respect to Count One of the Indictment and agreed
`
`
`
`Case 1:18-cr-00905-LTS Document 242 Filed 04/01/22 Page 2 of 8
`
`States Code, Section 982(a)(1),
`
`a
`
`sum of money
`
`representing
`
`
`property involved in the offense alleged in Count One of
`
`the
`
`Indictment;
`
`WHEREAS,
`
`the defendant consents
`
`to the entry of
`
`a money
`
`judgment
`
`in the amount of $151,547 in United States currency
`
`representing the property involved in the offense charged in Count
`
`One of
`
`
`the Indictment,
`
`for which the defendant
`
`is jointly and
`
`severally liable with co-defendant Xian De Jiang to the extent a
`
`forfeiture money judgment is entered against Xian De Jiang in this
`
`case;
`
`WHEREAS,
`
`the defendant further consents to the forfeiture of
`
`all his right,
`
`title and interest
`
`in $151,547 in United States
`
`currency seized on or about April 17, 2018 (“Specific Property”),
`
`which constitutes proceeds of the offense charge in Count One of
`
`the Indictment;
`
`
`WHEREAS,
`
`
`the defendant further consents to the forfeiture of
`
`all his right, title and interest in the Specific Property, which
`
`constitutes property involved in the offense charged in Count One
`
`of the Indictment;
`
`WHEREAS,
`
`the defendant admits that, as a result of acts and/or
`
`omissions of the defendant,
`
`the property involved in the offense
`
`charged in Count One of the Indictment cannot be located upon the
`
`
`
`Case 1:18-cr-00905-LTS Document 242 Filed 04/01/22 Page 3 of 8
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`exercise of due diligence, with the exception of
`
`the Specific
`
`Property; and
`
`WHEREAS, pursuant
`
`to Title 21, United States Code, Section
`
`853(g), and Rules 32.2(b) (3), and 32.2(b) (6) of the Federal Rules
`
`of Criminal Procedure,
`
`the Government is now entitled, pending any
`
`assertion of third-party claims,
`
`to reduce the Specific Property
`
`to its possession and to notify any and all persons who reasonably
`
`appear to be a potential claimant of their interest herein;
`
`IT IS HEREBY STIPULATED AND AGREED, by and between the United
`
`States of America, by its attorney Damian Williams, United States
`
`Attorney, Assistant United States Attorney, Alexandra Rothman of
`
`counsel, and the defendant, and his counsel, Christopher Madiou,
`
`ESq.,
`
`that:
`
`‘Lig
`
`As a result of the offense charged in Count One of the
`
`Indictment,
`
`to which the defendant pled guilty,
`
`a money judgment
`
`in the amount of $151,547 in United States currency (the “Money
`
`Judgment”),
`
`representing the amount of property involved in the
`
`offense charged in Count One of the Indictment, shall be entered
`
`against
`
`the defendant,
`
`for which the defendant shall be jointly
`
`and severally liable with co-defendant Xian De Jiang,
`
`to the extent
`
`a forfeiture money judgment
`
`is entered against Xian De Jiang in
`
`this case.
`
`
`
`Case 1:18-cr-00905-LTS Document 242 Filed 04/01/22 Page 4of8
`
`2.
`
`As a result of the offense charged in Count One of the
`
`Indictment,
`
`to which the defendant pled guilty, all of
`
`the
`
`defendant’s right, title and interest in the Specific Property is
`
`hereby forfeited to the United States for disposition in accordance
`
`with the law, subject to the provisions of Title 21, United States
`
`Code, Section 853.
`
`33
`
`Pursuant
`
`to Rule 32.2(b)(4) of
`
`the Federal Rules of
`
`
`Criminal Procedure, this Consent Order of Forfeiture as to Specific
`
`Property/Money Judgment is final as to the defendant and shall be
`
`deemed part of the sentence of the defendant, and shall be included
`
`in the judgment of conviction therewith.
`
`4.
`
`All payments on the outstanding money judgment shall be
`
`made by postal money order, bank or certified check, made payable,
`
`in this instance,
`
`to the United States Marshals Service,
`
`and
`
`delivered by mail to the United States Attorney’s Office, Southern
`
`District of New York, Attn: Money Laundering and Transnational
`
`Criminal Enterprises Unit, One St. Andrew’s Plaza, New York, New
`
`
`York 10007 and shall indicate the defendant’s name and case number.
`
`Ss
`
`The United States Marshals Service is authorized to
`
`deposit the payments on the Money Judgment in the Assets Forfeiture
`
`Fund,
`
`and the United States shall have clear
`
`title to such
`
`forfeited property.
`
`
`
`Case 1:18-cr-00905-LTS Document 242 Filed 04/01/22 Page 5of8
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`6.
`
`Upon entry of
`
`this Consent Order of Forfeiture as
`
`to
`
`Specific Property/Money Judgment,
`
`the United States
`
`(or
`
`its
`
`designee)
`
`is hereby authorized to take possession of the Specific
`
`Property and to hold such property in its secure custody and
`
`control.
`
`Pv
`
`Pursuant
`
`to Title 21, United States Code, Section
`
`853(n) (1), Rule 32.2 (b)(6)
`
`of
`
`the Federal Rules of Criminal
`
`Procedure,
`
`and Rules G(4) (a) (iv) (C)
`
`and G(5) (a) (ii)
`
`of
`
`the
`
`Supplemental Rules for Certain Admiralty and Maritime Claims and
`
`Asset Forfeiture Actions,
`
`the United States is permitted to publish
`
`forfeiture
`
`notices
`
`on
`
`the
`
`government
`
`internet
`
`site,
`
`www.forfeiture.gov. This site incorporates the forfeiture notices
`
`that have been traditionally published in newspapers. The United
`
`States forthwith shall publish the internet ad for at least thirty
`
`(30) consecutive days.
`
`Any person, other
`
`than the defendant,
`
`claiming interest
`
`in the Specific Property must file a Petition
`
`within sixty (60) days from the first day of publication of the
`
`Notice on this official government internet web site, or no later
`
`than thirty-five (35) days
`
`from the mailing of actual notice,
`
`whichever is earlier.
`
`8.
`
`The published notice of forfeiture shall state that the
`
`petition (i) shall be for a hearing to adjudicate the validity of
`
`the petitioner’s alleged interest in the Specific Property,
`
`(ii)
`
`5
`
`
`
`Case 1:18-cr-00905-LTS Document 242 Filed 04/01/22 Page 6of8
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`shall be signed by the petitioner under penalty of perjury,
`
`and
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`(iii) shall set forth the nature and extent of the petitioner’s
`
`right,
`
`title or interest in the Specific Property,
`
`the time and
`
`circumstances of the petitioner’s acquisition of the right, title
`
`and
`
`interest
`
`in the Specific Property,
`
`any additional
`
`facts
`
`supporting the petitioner’s claim, and the relief sought, pursuant
`
`to Title 21, United States Code, Section 853(n).
`
`9
`
`Pursuant
`
`to 32.2
`
`(b)(6) (A)
`
`of
`
`the Federal Rules of
`
`Criminal Procedure,
`
`the Government shall send notice to any person
`
`who reasonably appears to be a potential claimant with standing to
`
`contest the forfeiture in the ancillary proceeding.
`
`10. Upon adjudication of all
`
`third-party interests,
`
`this
`
`Court will enter a Final Order of Forfeiture with respect to the
`
`Specific Property pursuant to Title 21, United States Code, Section
`
`853(n),
`
`
`in which all interests will be addressed. All Specific
`
`Property forfeited to the United States under
`
`a Final Order of
`
`Forfeiture shall be applied towards the satisfaction of the Money
`
`Judgment.
`
`11.
`
`Pursuant
`
`to Title 21, United States Code, Section
`
`B853(p),
`
`the United States is authorized to seek forfeiture of
`
`substitute assets of the defendant up to the uncollected amount of
`
`the Money Judgment.
`
`
`
`Case 1:18-cr-00905-LTS Document 242 Filed 04/01/22 Page 7 of 8
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`12.
`
`Pursuant
`
`to Rule 32.2(b)(3) of
`
`the Federal Rules of
`
`Criminal Procedure,
`
`the United States Attorney’s Office
`
`is
`
`authorized to conduct any discovery needed to identify,
`
`locate or
`
`dispose
`
`of
`
`forfeitable
`
`property,
`
`including
`
`depositions,
`
`interrogatories,
`
`requests
`
`for production of documents
`
`and the
`
`issuance of subpoenas.
`
`13.
`
`The Court shall
`
`retain jurisdiction to enforce this
`
`Consent Order
`
`of Forfeiture
`
`as
`
`to Specific
`
`Property/Money
`
`Judgment, and to amend it as necessary, pursuant
`
`to Rule 32.2 of
`
`the Federal Rules of Criminal Procedure.
`
`14.
`
`The Clerk of
`
`the Court shall
`
`forward three certified
`
`copies
`
`of
`
`this Consent Order of Forfeiture as
`
`to Specific
`
`Property/Money
`
`Judgment
`
`to Assistant United States Attorney
`
`Alexander
`
`J. Wilson, Co-Chief
`
`
`of
`
`the Money Laundering
`
`and
`
`Transnational Criminal Enterprises Unit, United States Attorney’s
`
`Office, One St. Andrew’s Plaza, New York, New York 10007.
`
`
`
`Case 1:18-cr-00905-LTS Document 242 Filed 04/01/22 Page 8 of 8
`
`15.
`
`The signature page of this Consent Order of Forfeiture
`
`as to Specific Property/Money Judgment 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 same instrument.
`
`AGREED AND CONSENTED TO:
`
`
`
`
`
`DAMIAN WILLIAMS
`
`United States Attorney for the
`Southern District of New York
`
`:
`
`| a By
`
`
`
`ANDRA ROTHMA
`States Attorney
`ssistant United
`One St. Andrew’s Plaza
`
`New York, NY 10007
`(212) 637-2580
`
`JIAN FENG WU
`
`By:
`
`By:
`
`Jian FeNY Wy
`
`JIAN FENG WU
`
`
`
`MADIOU, ESQ.
`Attorney for Defendant
`50 Broad Street, Suite 1609
`New York, N¥ 10004
`
`SO ORDERED:
`
`
`
`LAURA TAYLOR SWAIN
`HONORAB
`
`UNITED STATES DISTRICT JUDGE
`
`3/31/20 2L.
`
`DATE
`
`BIZIOC
`
`DATE
`
`$/2{ ZC
`
`DATE
`
`3|31/22_
`
`DATE
`
`
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