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United States v. Gao

United States District Court, S.D. New York

December 3, 2019

UNITED STATES OF AMERICA
v.
ZHURONG GAO, Defendant.

          GEOFFREY S. BERMAN UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW YORK BY ELIZABETH A. ESPINOSA ASSISTANT UNITED STATES ATTORNEY

          ZHURONG GAO BY LAWRENCE J. FREDELIA ESQ. ATTORNEY FOR DEFENDANT

          CONSENT PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT

          HONORABLE JESSE M. FURMAN UNITED STATES DISTRICT JUDGE

         WHEREAS, on or about June 28, 2019, ZHURONG GAO (the "defendant"), among others, was charged in two counts of a sealed four-count Superseding Indictment, S2 19 Cr. 039 (JMF) (the "Indictment"), with conspiracy to traffic in contraband cigarettes, in violation of Title 18, United States Code, Section 371 (Count One); and trafficking in contraband cigarettes, in violation of Title 18, United States Code, Sections 2342 and 2 (Count Two);

         WHEREAS, the Indictment included a forfeiture allegation as to Count Two of the Indictment, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 2344(c) and Title 28, United States Code, Section 2461(c), and Title 49, United States Code, Section 80303, of any and all property, real and personal, that constitutes or is derived from proceeds traceable to the commission of the offense charged in Count Two of the Indictment; any and all contraband cigarettes or contraband smokeless tobacco involved in the offense charged in Count Two of the Indictment; and any and all aircraft, vehicles and vessels used to transport, conceal, possess, or facilitate the transportation, concealment, receipt, possession, purchase, sale, exchange or giving away, of contraband cigarettes involved in the offense charged in Count Two of 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 Two of the Indictment that the defendant personally obtained;

         WHEREAS, on or about August 14, 2019, the defendant pled guilty to Count Two of the Indictment, pursuant to a plea agreement with the Government, wherein the defendant admitted the forfeiture allegation with respect to Count Two of the Indictment and agreed to forfeit, pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 2344(c) and Title 28, United States Code, Section 2461(c), and Title 49, United States Code, Section 80303, a sum of money equal to $10, 349, 520 in United States currency, representing the amount of proceeds derived from the offense charged in Count Two of the Indictment;

         WHEREAS, the defendant consents to the entry of a money judgment in the amount of $10, 349, 520 in United States currency representing the amount of proceeds traceable to the offense charged in Count Two of the Indictment that the defendant personally obtained; and 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 Two of the Indictment that the defendant personally obtained cannot be located upon the exercise of due diligence.

         IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Geoffrey S. Berman, United States Attorney, Assistant United States Attorney, Elizabeth A. Espinosa of counsel, and the defendant, and his counsel, Lawrence J. Fredella, Esq., that:

         1. As a result of the offense charged in Count Two of the Indictment, to which the defendant pled guilty, a money judgment in the amount of $10, 349, 520 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count Two of the Indictment that the defendant personally obtained, shall be entered against the defendant.

         2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the defendant, ZHURONG GAO, and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith.

         3. All payments on the outstanding money judgment shall be made by postal money order, bank or certified check, made payable, in this instance, to the United States Marshals Service, and delivered by mail to the United States Attorney's Office, Southern District of New York, Attn: Money Laundering and Transnational Criminal Enterprises Unit, One St. Andrew's Plaza, New York, New York 10007 and shall indicate the defendant's name and case number.

         4. The United States Marshals Service is authorized to deposit the payments on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title to such forfeited property.

         5. Pursuant to Title 21, United States Code, Section 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.

         6. 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 needed to identify, locate or dispose of forfeitable property, including depositions, ...


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