Case 1:22-cr-00522-GHW Document 647
`
`Filed 12/20/24
`
`Page1of7
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`mmm meee mmm em x
`
`UNITED STATES OF AMERICA
`
`-V.-
`
`ALEX GARCIA,
`a/k/a “AG,”
`
`:
`
`:
`
`:
`
`CONSENT PRELIMINARY ORDER
`OF FORFEITURE AS TO SPECIFIC
`PROPERTY/
`MONEY JUDGMENT
`
`22 Cr, 522 (GHW)
`
`:
`Defendant.
`a x
`
`WHEREAS,
`
`on
`
`or
`
`about
`
`January
`
`25,
`
`2023, ALEX GARCIA (the
`
`“Defendant”), among others, was charged in a Superseding Indictment, 22 Cr. 522 (GHW)(the
`
`“Indictment”), with narcotics trafficking conspiracy,
`
`in violation of Title 21, United States
`
`Code, Section 846 (Count One); and firearms use, carrying, and possession,
`
`in violation of
`
`Title 18, United States Code, Sections 924(c)(1)(A)(i) and 2 (Count Two);
`
`WHEREAS, the Indictment included a forfeiture allegation as to Count Oneof the
`
`Indictment, seeking forfeiture to the United States, pursuant to Title 21, United States Code,
`
`Section 853, of any andall property constituting, or derived from, any proceeds obtained,directly
`
`or indirectly, as charged in Count One ofthe Indictmentand any andall property used, or intended
`
`to be used, in any mannerorpart, to commit, orto facilitate the commission of the offense charged
`
`in Count One of the Indictment, including but not limited to a sum of money in United States
`
`currency representing the amountof proceeds traceable to the commission of the offense charged
`
`in Count One of the Indictment;
`
`WHEREAS, onorabout July 14, 2024, 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 Oneof the Indictment and agreedto forfeit
`
`to the United States, pursuant to pursuant to Title 21, United States Code, Section 853, any andall
`
`
`
`Filed 12/20/24
`
`Page1of7
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`mmm meee mmm em x
`
`UNITED STATES OF AMERICA
`
`-V.-
`
`ALEX GARCIA,
`a/k/a “AG,”
`
`:
`
`:
`
`:
`
`CONSENT PRELIMINARY ORDER
`OF FORFEITURE AS TO SPECIFIC
`PROPERTY/
`MONEY JUDGMENT
`
`22 Cr, 522 (GHW)
`
`:
`Defendant.
`a x
`
`WHEREAS,
`
`on
`
`or
`
`about
`
`January
`
`25,
`
`2023, ALEX GARCIA (the
`
`“Defendant”), among others, was charged in a Superseding Indictment, 22 Cr. 522 (GHW)(the
`
`“Indictment”), with narcotics trafficking conspiracy,
`
`in violation of Title 21, United States
`
`Code, Section 846 (Count One); and firearms use, carrying, and possession,
`
`in violation of
`
`Title 18, United States Code, Sections 924(c)(1)(A)(i) and 2 (Count Two);
`
`WHEREAS, the Indictment included a forfeiture allegation as to Count Oneof the
`
`Indictment, seeking forfeiture to the United States, pursuant to Title 21, United States Code,
`
`Section 853, of any andall property constituting, or derived from, any proceeds obtained,directly
`
`or indirectly, as charged in Count One ofthe Indictmentand any andall property used, or intended
`
`to be used, in any mannerorpart, to commit, orto facilitate the commission of the offense charged
`
`in Count One of the Indictment, including but not limited to a sum of money in United States
`
`currency representing the amountof proceeds traceable to the commission of the offense charged
`
`in Count One of the Indictment;
`
`WHEREAS, onorabout July 14, 2024, 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 Oneof the Indictment and agreedto forfeit
`
`to the United States, pursuant to pursuant to Title 21, United States Code, Section 853, any andall
`
`
`
`Case 1:22-cr-00522-GHW Document 647
`
`Filed 12/20/24
`
`Page 2of7
`
`property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of
`
`the offense charged in Count Oneof the Indictment, and any andall property used, or intended to
`
`be used, in any mannerorpart, to commit,or to facilitate the commission of the offense charged
`
`in Count Oneof the Indictment, including but not limited to a sum of money in United States
`
`currency, representing the amount of proceeds traceable to the commission of the offense charged
`
`in Count Oneof the Indictment;
`
`WHEREAS, the Defendant consents to the entry of a money judgmentin the
`
`amount of $14,350.00 in United States currency, representing the amount of proceedstraceable to
`
`the offense charged in Count Oneof the Indictment that the Defendant personally obtained;
`
`WHEREAS, the Defendant further consents to the forfeiture of all his right, title
`
`and interest in the following property which were seized from the Defendant on or about January
`
`25, 2023 at the time ofhis arrest:
`
`a. $14,350.00 in United States currency;
`
`b. One-yellow-metal-watel;2 pA
`
`c. One yellow metal bracelet;
`
`d. One yellow metal cross w/white stones;
`
`e. One yellow metal necklace; and
`
`f. One yellow metal pendant w/white stones;
`
`(a through e., collectively the “Specific Property”), which constitute proceeds traceable to the
`
`offense charged in Count Oneof the Indictment that the Defendant personally obtained;
`
`WHEREAS, the Defendant admits that, as a result of acts and/or omissions of the
`
`Defendant, the proceeds traceable to the offense charged in Count of the Indictment that the
`
`
`
`Case 1:22-cr-00522-GHW Document 647
`
`Filed 12/20/24
`
`Page 3of7
`
`Defendant personally obtained cannot be located upon the 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 appearto be a potential claimant of
`
`their interest herein;
`
`IT IS HEREBY STIPULATED AND AGREED,by and between the United States
`
`of America,byits attorney Edward Y. Kim, Acting United States Attorney, Assistant United States
`
`Attorney Ashley C. Nicolas, of counsel, and the Defendant, and his counsel, Andrew Mancilla,
`
`Esq., that:
`
`1,
`
`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 $14,350.00 in United States
`
`currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense
`
`charged in Count One of the Indictment that the Defendant personally obtained, shall be entered
`
`against the Defendant.
`
`2.
`
`Asa result of the offense charged in Count Oneof the Indictment, to which
`
`the Defendantpled 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.
`
`3,
`
`Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure,this
`
`Consent Preliminary Order of Forfeiture as to Specific Property /Money Judgmentis final as to
`
`
`
`Case 1:22-cr-00522-GHW Document 647
`
`Filed 12/20/24
`
`Page 4of7
`
`the Defendant ALEX GARCIA,andshall be deemedpart of the sentence of the Defendant, and
`
`shall be included in the judgment of conviction therewith.
`
`4.
`
`All payments on the outstanding Money Judgmentshall be made by postal
`
`money order, bank or certified check, made payable to United States Customs and Border
`
`Protection, and delivered by mail to the United States Attorney’s Office, Southern District of New
`
`York, Attn: Illicit Finance and Money Laundering Unit, 26 Federal Plaza, 38" Floor, New York,
`
`New York 10278 and shall indicate the Defendant’s name and case number.
`
`5.
`
`United States Customs and BorderProtection shall be authorized to deposit
`
`the payment on the Money Judgment into the Treasury Assets Forfeiture Fund, and the United
`
`States shall havecleartitle to such forfeited property.
`
`6.
`
`Upon entry of this Consent Preliminary Order of Forfeiture as to Specific
`
`Property/Money Judgment, the United States Customs and Border Protection, orits designee the
`
`Office of Fines, Penalties, and Forfeiture, is hereby authorized to take possession of the Specific
`
`Property and to hold such property in its secure custody and control.
`
`7.
`
`Pursuantto 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 forat least thirty
`
`(30) consecutive days. Any person, other than the Defendant, claiming interest in the Specific
`
`Property mustfile a Petition within sixty (60) days from the first day of publication of the Notice
`
`
`
`Case 1:22-cr-00522-GHW Document 647
`
`Filed 12/20/24
`
`Page 5of7
`
`on this official government internet website, or no later than thirty-five (35) days from the mailing
`
`of actual notice, whicheveris 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,(11)
`
`shall be signed by the petitioner under penalty of perjury, and (iii) shall set forth the nature and
`
`extent ofthe 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
`
`Orderof 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 21 U.S.C. § 853(p), the United States is authorized to seek
`
`forfeiture of substitute assets of the Defendant up to the uncollected amount of the Money
`
`Judgment.
`
`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 neededto identify, locate
`
`
`
`Case 1:22-cr-00522-GHW Document 647
`
`Filed 12/20/24
`
`Page 6of7
`
`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 Preliminary Order
`
`of Forfeiture as to Specific Property/Money Judgment, and to amendit as necessary, pursuant to
`
`Rule 32.2 of the Federal Rules of Criminal Procedure.
`
`[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
`
`
`
`Case 1:22-cr-00522-GHW Document 647
`
`Filed 12/20/24
`
`Page 7 of 7
`
`14.
`
`The signature page of this Consent Preliminary Order of Forfeiture as to
`
`Specific Property/Money Judgment may be executed in one or more counterparts, each of which
`
`will be deemedan original but all of which together will constitute one and the same instrument.
`
`AGREED AND CONSENTEDTO:
`
`EDWARD Y. KIM
`Acting United States Attorney for the
`Southern District of New York
`
`olayTooke
`
`By:
`ASHLEY C. NICOLAS
`Assistant United States Attorney
`26 Federal Plaza
`New York, NY 10278
`(212) 637- 2467
`
`ALEX GARCIA
`
` 5
`
`
`ANCILLA, ESQ.
`ofney for Defendant
`260 Madison Avenue, 22" Floor
`New York, NY 10016
`
`SO ORDERED:
`
`
`
`izizol 24
`DATE
`
`
`
`DATE
`
`‘
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
