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United States v. Panos

United States District Court, S.D. New York

January 9, 2020

UNITED STATES OF AMERICA
v.
SPYROS PANOS, M.D., Defendant.

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

          MARGERY B. FEINZIG ASSISTANT UNITED STATES ATTORNEY

          SPYROS PANOS DEFENDANT

          LAWRENCE M. FISHER COUNSEL FOR THE DEFENDANT

          STIPULATION AND ORDER

          KENNETH M. KARAS UNITED STATES DISTRICT JUDGE

         WHEREAS, on or about August 13, 2018, SPYROS PANOS (the "defendant"), was charged in a three-count Indictment, 18 Cr. 581 (KMK) (the "Indictment"), with wire fraud, in violation of Title 18, United States Code, Section 1343 (Count One); health care fraud, in violation of Title 18, United States Code, Section 1347 (Count Two); and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A (Count Three);

         WHEREAS, the Indictment included a forfeiture allegation as to Count One of the Indictment, wherein the defendant shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461, all property, constituting or derived from, proceeds traceable to the offense alleged in Count One of the Indictment that the defendant personally obtained;

         WHEREAS, the Indictment included a second forfeiture allegation as to Counts Two and Three of the Indictment, wherein the defendant shall forfeit to the United States, pursuant to Title 18, United States Code, Sections 982(a)(2)(B) and 982(a)(7), any and all property constituting or derived from, proceeds obtained directly or indirectly, as a result of the commission of the offense, including but not limited to a sum of money in United States currency representing the amount of proceeds traceable to the commission of the offenses in Counts Two and Three of the Indictment, that the defendant personally obtained;

         WHEREAS, on or about April 10, 2018, the United States Postal Inspection Service ("USPIS") seized $1, 100 in United Stated currency (the "Seized Currency") from the defendant at his residence in Hopewell Junction, New York, as proceeds of the charges in Counts One and Two of the Indictment;

         WHEREAS, the defendant has asserted an interest in the Seized Currency; and

         WHEREAS, the Government and the defendant wish to resolve this forfeiture matter without resort to litigation;

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

         1. The Government shall not seek the forfeiture of the Seized Currency.

         2. The United States Marshals Service ("USMS") (or its designee), shall release the Seized Currency through an electronic transfer issued by the USMS to the defendant's bank account designated on the USMS ...


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