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United States v. Ortiz

United States District Court, S.D. New York

January 13, 2020

UNITED STATES OF AMERICA
v.
ANGEL TOMAS ORTIZ, Defendant.

          GEOFFREY S. BERMAN United States Attorney for the Southern District of New York CECILIA E. VOGEL Assistant United States Attorney One St. Andrew's Plaza

          TAMARA GIWA, ESQ. Attorney for Defendant Federal Defenders of New York

          CONSENT PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT

          HONORABLE KATHERINE POLK FAILLA, UNITED STATES DISTRICT JUDGE.

         WHEREAS, on or about March 20, 2019, ANGEL TOMAS ORTIZ (the "defendant"), was charged in a six-count Indictment, 19 Cr. 198 (KPF) (the "Indictment"), with wire fraud, in violation of Title 18, United States Code, Sections 1343 and 2 (Counts One and Two); access device fraud, in violation of Title 18, United States Code, Sections 1029(a)(5) and 2 (Count Three); aggravated identity theft, in violation of Title 18, United States Code, Sections 1028A(a)(1), 1028A(b), and 2 (Counts Four through Six);

         WHEREAS, the Indictment included a forfeiture allegation as to Count One of the Indictment, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section 981(a) (1) (C) and Title 28, United States Code, Section 2461(c), 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 One 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 One of the Indictment;

         WHEREAS, on or about January 10, 2020, the defendant pled guilty to Counts One and Four 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 18, United States Code, Section 981(a)(1)(C) and Title 28 United States Code, Section 2461(c), a sum of money equal to $185, 390 in United States currency, representing the amount of proceeds traceable to the commission of the offense charged in Count One of the Indictment;

         WHEREAS, the defendant consents to the entry of a money judgment in the amount of $185, 390 in United States currency representing the amount of proceeds traceable to the offense charged in Count One 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 One 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, Cecilia E. Vogel of counsel, and the defendant, and his counsel, Tamara Giwa, Esq., 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 $185, 390 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 Consent Preliminary Order of Forfeiture/Money Judgment is final as to the defendant, ANGEL TOMAS ORTIZ, 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 ...


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