CONSENT PRELIMINARY ORDER
`OF FORFEITURE/
`-V.-
`:MONEYJUDGMENT
`EDWARD ABAYEV,
`a/k/a “Eddie,”
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`:
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`:
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`19 Cr. 789 (PGG)
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`Case 1:19-cr-00789-PGG Document 607 Filed 12/01/21 Page1of 4
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`tee x
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`UNITED STATES OF AMERICA
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`Defendant.
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`jee ee ee ee ee ee ie eee eee eee ee ee x
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`WHEREAS, on or about November6, 2019, EDWARD ABAYEYV,a/k/a “Eddie”
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`(the “Defendant”), among others, was charged in three counts of a thirty-two count Indictment, 19
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`Cr. 789 (PGG)(the “Indictment”), with conspiracy to violate the Travel Act, in violation of Title
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`18, United States Code, Section 371 (Count One); wrongful disclosure of individually identifiable
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`healthcare information, in violation of Title 42, United States Code, Sections 1320d-6(a)(1)-(3)
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`and 1320d-6(b)(3) and Title 18, United States Code, Section 2 (Count Eight); and solicitation of
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`bribes and gratuities by an agent of a federally funded organization, in violation of Title 18, United
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`States Code, Sections 666(a)(1)(B) and 2 (Count Twenty-Four);
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`Case 1:19-cr-00789-PGG Document 607 Filed 12/01/21 Page 1 of 4
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`WHEREAS,the Indictment included, jnter alia, a forfeiture allegation as to Count
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`Twenty-Four ofthe Indictment, seeking forfeiture to the United States, pursuant to Title 18, United
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`States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c), of any and
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`all property, including but not limited to a sum of money in United States currency, representing
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`the proceeds traceable to the commission of the offense charged in count Twenty-Four of the
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`Indictment that the Defendant personally obtained;
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`WHEREAS,on or about June 22, 2021, the Defendant pled guilty to Count Twenty-
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`Fourofthe Indictment, pursuant to a plea agreement with the Government, wherein the Defendant
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`Case 1:19-cr-00789-PGG Document 607 Filed 12/01/21 Page 2 of 4
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`admitted the forfeiture allegation with respect to Count Twenty-Fourofthe Indictment and agreed
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`to forfeit to the United States, pursuantto Title 18, United States Code, Section 981 (a)(1)(C), and
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`Title 28, United States Code, Section 2461(c), a sum of money equal to no less than $18,000 in
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`United States currency, representing the amount of proceeds traceable to the commissionofthe
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`offense charged in Count Twenty-Four ofthe Indictment, that the Defendant personally obtained;
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`WHEREAS, the Defendant consents to the entry of a money judgment in the
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`amount of $18,000 in United States currency, representing the amountofproceedstraceable to the
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`offense charged in Count Twenty-Fourof the Indictment that the Defendant personally obtained;
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`and
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`WHEREAS,the Defendant admits that, as a result of acts and/or omissions of the
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`Defendant, the proceeds traceableto the offense charged in Count Twenty-Four ofthe Indictment
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`that the Defendant personally obtained cannot be located upon the exercise of due diligence.
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`IT IS HEREBY STIPULATED AND AGREED, by and between the United States
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`of America, by its attorney Damian Williams, United States Attorney; Assistant United States
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`Attorneys, Mathew Andrews, Louis A. Pellegrino, and Stephanie Simon, of counsel; and the
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`Defendant, and his counsel, Igor Litvak, Esq., that:
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`Case 1:19-cr-00789-PGG Document 607 Filed 12/01/21 Page 2 of 4
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`1.
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`Asa result of the offense charged inCount Twenty-Four of the Indictment,
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`to which the Defendant pled guilty, a money judgment in the amount of $18,000 in United States
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`currency (the “Money Judgment”), representing the amount of proceedstraceable to the offense
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`charged in Count Twenty-Fourof the Indictment that the Defendant personally obtained, shall be
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`entered against the Defendant.
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`2,
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`Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure,this
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`Consent Preliminary Orderof Forfeiture/Money Judgmentis final as to the Defendant, EDWARD
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`Case 1:19-cr-00789-PGG Document 607 Filed 12/01/21 Page 3 of 4
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`ABAYEYVa/k/a “Eddie”, and shall be deemed part of the sentence of the Defendant, and shall be
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`included in the judgment of conviction therewith.
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`3.
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`All payments on the outstanding money judgment shall be made by postal
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`moneyorder, bank orcertified check, made payable,in this instance, to the United States Marshals
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`Service, and delivered by mail to the United States Attorney’s Office, Southern District of New
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`York, Attn: Money Laundering and Transnational Criminal Enterprises Unit, One St. Andrew’s
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`Plaza, New York, New York 10007 andshall indicate the Defendant’s name and case number.
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`4,
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`The United States Marshals Service is authorized to deposit the payments
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`on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have cleartitle
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`to such forfeited property.
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`5,
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`Pursuant to Title 21, United States Code, Section 853(p), the United States
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`is authorized to seek forfeiture of substitute assets of the Defendant up to the uncollected amount
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`of the Money Judgment.
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`6.
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`Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the
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`United States Attorney’s Office is authorized to conduct any discovery needed to identify, locate
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`or dispose of forfeitable property, including depositions, interrogatories, requests for production
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`Case 1:19-cr-00789-PGG Document 607 Filed 12/01/21 Page 3 of 4
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`of documents and the issuance of subpoenas.
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`7.
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`The Court shall retain jurisdiction to enforce this Consent Preliminary Order
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`of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal
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`Rules of Criminal Procedure.
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`[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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`EDWARD ABAYEV
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`.
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`DATE
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`DATE
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`Case 1:19-cr-00789-PGG Document 607 Filed 12/01/21 Page4of4 -
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`8.
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`The signature page of this Consent Preliminary Order of Forfeiture/Money
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`Judgment may be executed in one or more counterparts, each of whichwill be deemed an original
`but all ofwhich togetherwill constitute one and the same instrument.
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`AGREED AND CONSENTED TO:
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` | Dec. 202
`Le G
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`DAMIAN WILLIAMS
`United States Attorney for the
`Southern District of New York
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`By:
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`MATHEW ANDRE
`LOUIS A, PELLEGRINO
`STEPHANIE SIMON
`Assistant United States Attorney
`One St. Andrew’s Plaza
`New York, NY 10007
`(212) 637-6526 / 2617
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`EDWARD ABAYEV
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`DATE
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`Case 1:19-cr-00789-PGG Document 607 Filed 12/01/21 Page 4 of 4
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`(Ljo/ [2
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`DATE
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`UNITED STATES DISTRICT JUDGE
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