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United States v. Guagliardo

United States District Court, S.D. New York

January 15, 2020

UNITED STATES OF AMERICA
v.
JOSEPH GUAGLIARDO, Defendant.

          GEOFFREY S. BERMAN United States Attorney for the Southern District of New York.

          ELI J. MARK/DANIEL C. RICHENTHAL Assistant United States Attorneys One St. Andrew's Plaza.

          JOHN ARLIA, ESQ. Attorney for Defendant Wenger & Arlia, LLC.

          CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT

          HONORABLE DENISE L. COTE UNITED STATES DISTRICT JUDGE.

         WHEREAS, on or about January 10, 2020, JOSEPH GUARGLIARDO, a/k/a "Joseph Gagliardo," (the "defendant"), was charged in a one-count Information, 20 Cr. __(DLC) (the "Information"), with embezzlement from Municipal Credit Union, in violation of Title 18, United States Code, Sections 657 and 2 (Count One);

         WHEREAS, the Information included a forfeiture allegation as to Count One, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section 982(a) (2), of any and all property, real or personal, which constitutes or is derived from proceeds traceable to the commission of the offenses 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 that the defendant personally obtained;

         WHEREAS, on or about January 10, 2020, the defendant pled guilty to Count One, pursuant to a plea agreement with the Government, wherein the defendant admitted the forfeiture allegation with respect to Count One and agreed to forfeit, pursuant to Title 18, United States Code, Section 982(a)(2), a sum of money equal to $425, 514 in United States currency, representing the amount of proceeds traceable to the commission of the offense charged in Count One of the Information; and

         WHEREAS, on or about October 28, 2019, the Government seized $75, 653.92 in United States currency, held in Signature Bank account 1503059165 in the name 1ST1IN, INC. (the "Specific Property");

         WHEREAS, the defendant consents to the entry of a money judgment in the amount of $425, 514 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;

         WHEREAS, the defendant further consents to the forfeiture of all his right, title and interest in the Specific Property, which constitutes proceeds traceable to the offense charged in Count One of the Information;

         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 or have been transferred, or sold to, or deposited with a third party, with the exception of the Specific Property; and

         WHEREAS, pursuant to Title 21, United States Code, Section 853(g), and Rules 32.2(b) (3), and 32.2(b) (6) of the Federal Rules of Criminal Procedure, the Government is now entitled, pending any assertion of third-party claims, to reduce the Specific Property to its possession and to notify any and all persons who reasonably appear to be a potential claimant of their interest herein;

         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 Attorneys, Eli J. Mark and Daniel C. Richenthal, of counsel, and the defendant, and his counsel, John Arlia, 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 $425, 514 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Information ...


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