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United States v. Dukuray

United States District Court, S.D. New York

January 2, 2020

UNITED STATES OF AMERICA
v.
MOHAMADOU DUKURAY, Defendant.

          GEOFFREY S. BERMAN UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW YORK

          NI QIAN ASSISTANT UNITED STATES ATTORNEY

          MOHAMADOU DUKURAY JEFFREY PITTELL ESQ. ATTORNEY FOR DEFENDANTS

          CONSENT PREIIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT

          HONORABLE PAUL A. CROTTY UNITED STATES DISTRICT JUDGE

         WHEREAS, on or about April 9, 2019, MOHAMADOU DUKURAY (the "defendant"), was charged in a one-count Information, 19 Cr. 242 (PAC) (the "Information"), with conspiracy to commit bank fraud, in violation of Title 18, United States Code, Section 371 (Count One);

         WHEREAS, the Information included a forfeiture allegation as to Count One of the Information, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section 982(a)(2)(A), of any and all property constituting or derived from proceeds obtained directly or indirectly as a result of the offense charged in Count One of the Information, 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 One of the Information;

         WHEREAS, on or about July 9, 2019, the defendant pled guilty to Count One of the Information, pursuant to a plea agreement with the Government, wherein the defendant admitted the forfeiture allegation with respect to Count One of the Information and agreed to forfeit, pursuant to 18 U.S.C. § 982(a)(2)(A), a sum of money equal to $100.00 in United States currency, representing proceeds traceable to the commission of the offense alleged in Count One of the Information;

         WHEREAS, the defendant consents to the entry of a money judgment in the amount of $100.00 in United States currency representing the amount of proceeds traceable to the offense charged in Count One of the Information 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 One of the Information 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, Ni Qian of counsel, and the defendant, and his counsel, Jeffrey Pittell, Esq., that:

         1. As a result of the offense charged in Count One of the Information, to which the defendant pled guilty, a money judgment in the amount of $100.00 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Information, 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, MOHAMADOU DUKURAY, 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 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 ...


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