463 (CS)(the “Indictment”), with narcotics conspiracy, in violation of Title 21, United States Code, Sections 846 (Count Two); WHEREAS,the Indictment includeda forfeiture allegation as to Count Two of 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 a result of the offense charged in Count Twoofthe Indictment, and anyand all property used, or intended to be used, in any mannerorpart, to commit, or to facilitate the commission ofthe offense charged in Count Two ofthe Indictment, including but not limited to a sum of money in United States currency representing the amount of proceeds traceable to the commission ofsaid offense; WHEREAS,onor about June 21, 2021, the Government seized from 360 Huguenot Street, New Rochelle, New York, and the defendant’s person and a Gray Honda Oddysey, both nearthat location, $572,922 in United States currency (the “Specific Property”); WHEREAS, on or about September 20, 2022, the Defendant pled guilty to Count Two of the Indictment, pursuant to a plea agreement with the Government, wherein the Defendant Filed 12/17/24 Page2of5 to the United States, pursuant to Title 21, United States Code, Section 853, all ofhis right, title and interest in the Specific Property; WHEREAS, the Defendant consents to the forfeiture of all his right, title and interest in the Specific Property, which constitute proceeds traceable to the commission of the offense charged in Count Two of the Indictment that the Defendant personally obtained; 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 énparty 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 Attorneys Jeffrey C. Coffman, of counsel, and the Defendant, and his counsel, Richard Levitt, Esq., that: , As aresult of the offense charged in Count Twoofthe 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.
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) shall be signed by the petitioner under penalty of perjury, and (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 ofthe 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).
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.
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 or dispose of forfeitable property, including depositions, interrogatories, requests for production of documents and the issuance of subpoenas.
The signature page of this Consent Preliminary Order of Forfeiture as to Specific Property may be executed in one or more counterparts, each of which will be deemed an original butall of which together will constitute one and the same instrument.