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    USA v. Winick Et Al Doc 216-1 Filed 28 Jul 15

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    scion.scion
    The document is a court order for forfeiture in a criminal case. It orders the defendant, William Seals, to forfeit $5 million in proceeds from violating 18 U.S.C. § 371. The defendant pled guilty to one count in a superseding indictment. The forfeiture is due by the date of sentencing, with interest accruing thereafter. The order allows the government to pursue other assets of the defendant if the full amount is not paid. The defendant waives rights to notice and a jury trial regarding the forfeiture. The order will become final upon sentencing and binding upon the defendant and successors. The court retains jurisdiction to enforce the order.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    USA v. Winick Et Al Doc 216-1 Filed 28 Jul 15

    Uploaded by

    scion.scion
    38 views4 pages
    The document is a court order for forfeiture in a criminal case. It orders the defendant, William Seals, to forfeit $5 million in proceeds from violating 18 U.S.C. § 371. The defendant pled guilty to one count in a superseding indictment. The forfeiture is due by the date of sentencing, with interest accruing thereafter. The order allows the government to pursue other assets of the defendant if the full amount is not paid. The defendant waives rights to notice and a jury trial regarding the forfeiture. The order will become final upon sentencing and binding upon the defendant and successors. The court retains jurisdiction to enforce the order.

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    © © All Rights Reserved

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    The document is a court order for forfeiture in a criminal case. It orders the defendant, William Seals, to forfeit $5 million in proceeds from violating 18 U.S.C. § 371. The defendant pled guilty to one count in a superseding indictment. The forfeiture is due by the date of sentencing, with interest accruing thereafter. The order allows the government to pursue other assets of the defendant if the full amount is not paid. The defendant waives rights to notice and a jury trial regarding the forfeiture. The order will become final upon sentencing and binding upon the defendant and successors. The court retains jurisdiction to enforce the order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    38 views4 pages

    USA v. Winick Et Al Doc 216-1 Filed 28 Jul 15

    Uploaded by

    scion.scion
    The document is a court order for forfeiture in a criminal case. It orders the defendant, William Seals, to forfeit $5 million in proceeds from violating 18 U.S.C. § 371. The defendant pled guilty to one count in a superseding indictment. The forfeiture is due by the date of sentencing, with interest accruing thereafter. The order allows the government to pursue other assets of the defendant if the full amount is not paid. The defendant waives rights to notice and a jury trial regarding the forfeiture. The order will become final upon sentencing and binding upon the defendant and successors. The court retains jurisdiction to enforce the order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Case 1:13-cr-00452-ENV Document 216-1 Filed 07/27/15 Page 1 of 4 PageID #: 732

    SLR:BGK:MDH

    UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF NEW YORK
    ------------------------------X
    UNITED STATES OF AMERICA
    - against -

    ORDER OF FORFEITURE
    13-CR-452 (ENV)

    WILLIAM SEALS,
    Defendant.
    ------------------------------X
    WHEREAS, on or about August 14, 2014, the defendant, William Seals, pled
    guilty to Count One of the above-captioned superseding indictment, charging a violation of 18
    U.S.C. 371; and
    WHEREAS, pursuant to 18 U.S.C. 981(a)(1)(C) and 28 U.S.C. 2461(c), the
    defendant has consented and agreed to the entry of a forfeiture money judgment in the amount of
    $5,000,000.00 (the Forfeiture Money Judgment), as property constituting or derived from
    proceeds obtained directly or indirectly as a result of the defendants violation of 18 U.S.C.
    371 and/or pursuant to 21 U.S.C. 853(p) as substitute assets.
    NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND
    DECREED, on consent, by and between the United States and the defendant as follows:
    1.

    The defendant shall forfeit to the United States the full amount of the

    Forfeiture Money Judgment, pursuant to 18 U.S.C. 981(a)(1)(C), 28 U.S.C. 2461(c), and 21


    U.S.C. 853(p).
    2.

    The Forfeiture Money Judgment shall be paid in full no later than the date

    of the defendants sentencing (the Due Date). Interest on any unpaid portion of the Forfeiture

    Case 1:13-cr-00452-ENV Document 216-1 Filed 07/27/15 Page 2 of 4 PageID #: 733

    Money Judgment shall begin to accrue thereon at the judgment rate of interest from the Due
    Date.
    3.

    All payments made toward the Forfeiture Money Judgment shall be

    made by certified or bank check, payable to the United States Marshals Service.

    The

    defendant shall cause said check(s) to be sent via overnight mail to Assistant United States
    Attorney Melanie D. Hendry, United States Attorneys Office, Eastern District of New York,
    271 Cadman Plaza East, Brooklyn, New York 11201, with the criminal docket number noted on
    the face of the check.
    4.

    Upon entry of this Order, the United States Attorney General or her

    designee is authorized to conduct any proper discovery in accordance with Fed. R. Crim. P.
    32.2(b)(3). The United States alone shall hold title to the monies paid by the defendant to satisfy
    the Forfeiture Money Judgment following the Courts entry of the judgment of conviction.
    5.

    If the Forfeiture Money Judgment, or any portion thereof, is not paid to

    the United States as provided above, the United States may seek to enforce this Order against
    any other assets of the defendant up to the value of the Forfeiture Money Judgment not paid,
    pursuant to 21 U.S.C. 853(p), the Federal Debt Collection Procedures Act, or any other
    applicable law. The defendant shall not file or interpose any claim or assist others to file or
    interpose any claim to the Forfeiture Money Judgment, or to any property against which the
    government seeks to execute the Forfeiture Money Judgment, in any administrative or judicial
    proceeding. The defendant shall take whatever steps are necessary to ensure that clear title to the
    Forfeiture Money Judgment, and/or any other property against which the government seeks to
    execute the Forfeiture Money Judgment passes to the United States, including the execution of
    any and all documents necessary to effectuate the immediate payment of the Forfeiture Money

    Case 1:13-cr-00452-ENV Document 216-1 Filed 07/27/15 Page 3 of 4 PageID #: 734

    Judgment, and/or any property against which the government seeks to execute the Forfeiture
    Money Judgment. The entry and payment of the Forfeiture Money Judgment shall not be
    considered a payment of a fine, penalty, restitution loss amount, or a payment on any income
    taxes that may be due, and shall not be discharged in any bankruptcy proceedings.
    6.

    The defendant knowingly and voluntarily waives his right to any required

    notice concerning the forfeiture of the monies and/or properties forfeited hereunder, including
    notice set forth in an indictment or information. In addition, the defendant knowingly and
    voluntarily waives his right, if any, to a jury trial on the entry of the Forfeiture Money Judgment,
    and waives all constitutional, legal and equitable defenses to the entry and payment of the
    Forfeiture Money Judgment, including, but not limited to, any defenses based on principles of
    double jeopardy, the Ex Post Facto clause of the Constitution, the statute of limitations, venue, or
    any defense under the Eighth Amendment, including a claim of excessive fines.
    7.

    The terms contained herein shall be final and binding only upon the

    Courts so ordering of this Order.


    8.

    Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B), this Order shall

    become final as to the defendant at the time of sentencing and shall be made part of the sentence
    and included in the judgment.

    This Order shall become the Final Order of Forfeiture, as

    provided by Fed. R. Crim. P. 32.2(c)(2).


    9.

    This Order shall be binding upon the defendant and the successors,

    administrators, heirs, assigns and transferees of the defendant, and shall survive the bankruptcy
    of any of them.
    10.

    The Court shall retain jurisdiction over this action to enforce compliance

    with the terms of this Order, and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e).

    Case 1:13-cr-00452-ENV Document 216-1 Filed 07/27/15 Page 4 of 4 PageID #: 735

    11.

    The Clerk of the Court is directed to send, by inter-office mail, four

    certified copies of this executed Order to Assistant United States Attorney Melanie D. Hendry,
    United States Attorneys Office, Eastern District of New York, 271 Cadman Plaza East,
    Brooklyn, New York 11201.
    Dated: Brooklyn, New York
    , 2015

    So Ordered:

    __________________________________
    HONORABLE ERIC N. VITALIANO
    UNITED STATES DISTRICT JUDGE
    EASTERN DISTRICT OF NEW YORK

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