Case 7:22-cr-00665-PMH Document 98 Filed 06/20/24 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`UNITED STATES OF AMERICA
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`-V.-
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`OLDAMO FRAZER,
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`;
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`CONSENT PRELIMINARY ORDER
`OF FORFEITURE AS TO SPECIFIC
`PROPERTY/MONEY JUDGMENT
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`Defendant.
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`S122 Cr. 665 (PMH)
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`WHEREAS, on or about October 24, 2023, OLDAMO FRAZER (the
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`“Defendant”), was charged in a Superseding Indictment, S1 22 Cr. 665 (PMH)(the “Indictment”),
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`with three counts of possession with intent to distribute narcotics, in violation of Title 21, United
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`States Code, Sections 841(a)(1) and 841(b)(1)(C) (Count One); Title 21, United States Code,
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`Sections 841(a})(1) and 841(b)(1)(B) (Count Two); and Title 21, United States Code, Sections
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`841(a)(1) and 841(b)(1)(C) (Count Three);
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`WHEREAS, the Indictment included a forfeiture allegation as to Counts One
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`through Three of the Indictment, seeking forfeiture to the United States, pursuant to Title 21,
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`United States Code, Section 853, of any and all property constituting, or derived from, any
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`proceeds obtained, directly orindivectly, as a-result of the offenses charged in Counts One through
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`Three of the Indictment, and any and all property used, or intended to be used, in any manneror
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`part, to commit, or to facilitate the commission of the offenses charged in Counts One through
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`Three of the Indictment, including but not limited to a sum of money in United States currency
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`representing the amount ofproceeds traceable to the commission ofthe offenses charged in Counts
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`One through Three of the Indictment;
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`WHEREAS, on or about October 13, 2022, the Government seized from the
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`Defendant’s residence in Poughkeepsie, New York, $1,903 in United States currency (the
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`“Specific Property”);
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`WHEREAS, on or about December 8, 2023, the Defendant was found guilty,
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`following a jury trial, of Counts One through Three of the Indictment;
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`WHEREAS, the Defendant consents to the entry of a money judgment in the
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`amount of $1,903 in United States currency, representing the amount of proceeds traceable to the
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`offenses charged in Counts One through Three of the Indictment that the Defendant personally
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`obtained; and
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`WHEREAS, the Defendant further consents to the forfeiture ofall his right,title
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`and interest in the Specific Property, which constitutes proceeds traceable to the offenses charged
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`in Counts One through Three of the Indictment that the Defendant personally obtained,
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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 traceable to the offenses charged in Counts One through Three of the
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`Indictment that the Defendant personally obtained cannot be located upon the exercise of due
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`diligence, with the exception of the Specific Property; and
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`WHEREAS,pursuant to Title 21, United States Code, Section 853(g), and Rules
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`32.2(b)(3), and 32.2(b}(6) of the Federal Rules of Criminal Procedure, the Government is now
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`entitled, pending any assertion of third-party claims,
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`to reduce the Specific Property to its
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`possession and to notify any and all persons who reasonably appear to be a potential claimant of
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`their interest herein;
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`ITIS 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 Kingdar Prussien and Qais Ghafary, of counsel, and the Defendant and his counsel,
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`Daniel A. Hochheiser, Esq., that:
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`1.
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`As a result of the offenses charged in Counts One through Three of the
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`Indictment, to which the Defendant was found guilty, a money judgmentin the amount of $1,903
`in United States currency (the “Money Judgment”), representingthe amount ofproceeds traceable
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`to the offenses charged in Counts One through Three of the Indictment that the Defendant
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`personally obtained, shall be entered against the Defendant.
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`2.
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`As a result of the offenses charged in Counts One through Three of the
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`Indictment, to which the Defendant was found guilty, following a jury trial, all of the Defendant’s
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`right, title and interest in the Specific Property is hereby forfeited to the United States for
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`disposition in accordance with the law, subject to the provisions of Title 21, United States Code,
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`Section 853.
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`3.
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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, OLDAMO
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`FRAZER,and shall be deemed part of the sentence of the Defendant, and shail be included in the
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`judgment of conviction therewith.
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`4,
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`Ail payments on the outstanding money judgment shall be made by postal
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`money order, bank or certified 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: Illicit Finance and Money Laundering Unit, 26 Federal Plaza, 38" Floor, New York,
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`New York 10278 and shall indicate the Defendant’s name and case number.
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`5.
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`The United States Marshals Service is authorized to deposit the payments
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`on the Money Judgment into the Assets Forfeiture Fund, and the United States shall have clear
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`title to such forfeited property.
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`6.
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`Upon entry of this Consent Preliminary Order of Forfeiture as to Specific
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`Property/Money Judgment,
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`the United States (or its designee) is hereby authorized to take
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`possession of the Specific Property and to hold such property in its secure custody and control.
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`7,
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`Pursuant to Title 21, United States Code, Section 853(n)(1), Rule 32,2(b)(6)
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`of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(S)(a)Gi) of the
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`Supplemental Rules for Certain Admiralty and Maritime Claims and Asset Forfeiture Actions, the
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`United States is permitted to publish forfeiture notices on the government
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`internet site,
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`www.forfeiture.cov. This site incorporates the forfeiture notices that have been traditionally
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`published in newspapers. The United States forthwith shall publish the internetad forat least thirty
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`(30) consecutive days. Any person, other than the Defendant, claiming interest in the Specific
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`Property must file a Petition within sixty (60) days from the first day of publication of the Notice
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`on this official government internet website, or no later than thirty-five (35) days from the mailing
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`of actual notice, whicheveris earlier.
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`8.
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`The published notice of forfeiture shall state that the petition (i) shall be for
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`a hearing to adjudicate the validity of the petitioner’s alleged interest in the Specific Property,
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`(ii) shall be signed by the petitioner under penalty of perjury, and (iii) shall set forth the nature and
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`extent ofthe petitioner’s right, title or interest in the Specific Property, the time and circumstances
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`of the petitioner’s acquisition of the right, title and interest in the Specific Property, any additional
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`facts supporting the petitioner’s claim, and the relief sought, pursuant to Title 21, United States
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`Code, Section 853{n).
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`9.
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`Pursuant to 32.2 (b)\(6)(A) of the Federal Rules of Criminal Procedure, the
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`Government shall send notice to any person who reasonably appears to be a potential claimant
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`with standing to contest the forfeiture in the ancillary proceeding.
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`10.|Upon adjudication ofall third-party interests, this Court will enter a Final
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`Order of Forfeiture with respect to the Specific Property pursuant to Title 21, United States Code,
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`Section 853(n), in which all interests will be addressed. AU Specific Property forfeited to the
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`United States under a Final Orderof Forfeiture shall be applied towards the satisfaction of the
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`Money Judgment.
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`11.
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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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`12.
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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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`of documents and the issuance of subpoenas.
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`13.
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`The Court shall retain jurisdiction to enforce this Consent Preliminary Order
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`of Forfeiture as to Specific Property/Money Judgment, and to amend it as necessary, pursuant to
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`Rule 32,2 of the Federal Rules of Criminal Procedure.
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`[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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`14.
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`The signature page of this Consent Preliminary Order of Forfeiture as to
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`Specific Property/Money Judgment may be executed in one or more counterparts, each of which
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`will be deemed an original but all of which together will constitute one and the same instrument.
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`AGREED AND CONSENTED TO:
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`DAMIAN WILLIAMS
`United States Attorney for the
`Southern District of New York
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`INGDAR PRUSSIEN
`QAIS GHAFARY
`Assistant United States Attorneys
`50 Main Street
`White Plains, NY 10606
`(914) 993-1927 / -1930
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`OLDAMO FRAZER
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`G-1¥-2
`DATE
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`gpa /
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`NY |
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`DATE
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`a
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`By:
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`OLDAMO FRAZER
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`ct
`“PALE.vO
`By:
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`DANIEL A. HOCHHEISER, ESQ.
`Attorney for Defendant
`2 Overhill Road, Suite 400
`Scarsdale, NY 10583
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`Case 7:22-cr-00665-PMH Document 98 Filed 06/20/24 Page 7 of 7
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`SO ORDERED;
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` lum
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`HONORABLEPHILIP M. HALPERN
`UNITED STATES DISTRICT JUDGE
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`Gigi
`DATE
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