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United States v. Thwaites

United States District Court, S.D. New York

January 6, 2020

UNITED STATES OF AMERICA
v.
TONY THWAITES, Defendant.

          PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT

          Lorna G. Schofield United States District Judge.

         WHEREAS, on October 31, 2018, TONY THWAITES, (the “defendant”) and another, was charged in an Indictment, 18 Cr. 798 (LGS) (the “Indictment”), with conspiracy to distribute, and possess with the intent to distribute heroin, in violation of Title 21, United States Code, Section 846 (Count One);

         WHEREAS, the Indictment included a forfeiture allegation as to Count One of the Indictment seeking, pursuant to Title 21, United States Code, Section 853, of any and all property constituting or derived from any proceeds the defendant obtained directly or indirectly as a result of the offense and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of ·the offense charged in Count One of the Indictment;

         WHEREAS, on or about August 8, 2019, the defendant pled guilty to Count One of the Indictment, pursuant to a plea agreement with the Government, wherein the defendant admitted the forfeiture allegation with respect to Count One of the Indictment and agreed to forfeit, pursuant to Title 21, United States Code, Section 853, any and all property constituting or derived from any proceeds the defendant obtained directly or indirectly as a result of the offense described in Count One of the Indictment, as well as any and all property used or intended to be used to facilitate the commission of the offense alleged in Count One of the Indictment;

         WHEREAS, the Government asserts, pursuant to Title 21, United States Code, Section 853, that $16, 250.00 in United States currency represents the proceeds traceable to the offense charged in Count One of the Indictment that the defendant personally obtained;

         WHEREAS, during the sentencing proceeding on December 17, 2019, the defendant consented to forfeiture in the amount of $16, 250.00; and

         WHEREAS, the Government seeks a money judgment in the amount of $16, 250.00 in United States currency, representing the amount of proceeds traceable to the commission of the offense charged in Count One of the Indictment that the defendant personally obtained; and

         WHEREAS, the Court finds that, as a result of acts and/or omissions of the defendant, the proceeds traceable to the offense charged in Count One of the Indictment that the defendant personally obtained cannot be located upon the exercise of due diligence.

         NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

         1. As a result of the offense charged in Count One of the Indictment, to which the defendant pled guilty, a money judgment in the amount of $16, 250.00 in United States currency (the “Money Judgment”), representing the amount of proceeds traceable to the offense charged in Count One 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 Preliminary Order of Forfeiture/Money Judgment is final as to the defendant, TONY THWAITES, 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 21 U.S.C. § 853(p), the United States is authorized to seek forfeiture of substitute assets of the defendant up ...


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