USA v. Discala Et Al Doc 95 Filed 6 Nov 14

8/10/2019 USA v. Discala Et Al Doc 95 Filed 6 Nov 14

1/7

c se

1:14 cr 00399 ENV Document 85 1 Filed 10/21/14 Page 1 of 6 PagelD #: 490

SLR:LDM:CSK

F.#2013ROJ203

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF

NEW

YORK

X

UNITED STATES OF AMERICA

- against -

MARC WELXER,

Defendant.

X

PRELIMINARY ORDER OF

FORFEITURE

14-CR-399(ENV)

WHEREAS, on October 15, 2014, MARC WELXER (the Defendant ),

entered a plea

of

guilty to Counts One and Three

of

the above-captioned indictment,

charging violations of 18 U.S.C. 371, and

15

U.S.C. 78j(b) and 78ff; and

WHEREAS, the Defendant has consented to the entry of a forfeiture money

judgment in the amount of one million, four hundred thousand dollars ($1,400,000.00) in

United States currency (the Forfeiture Money Judgment ) pursuant to

18

U.S.C.

98l a) l) C),

28 U.S.C. 246l(c), as property which constitutes or is derived from proceeds

obtained, directly or indirectly, as a result

of

his violations

of

18 U.S.C. 371 and

15

U.S.C.

78j(b) and 78ff, and/or as substitute assets, pursuant to 21 U.S.C. 853(p).

IT IS HEREBY ORDERED, ADJUDGED

AND

DECREED, on consent, by

and between the United States and the defendant as follows:

1 The Defendant shall forfeit to the United States the full amount of the

Forfeiture Money Judgment, pursuant to 18 U.S.C. and 21 U.S.C. 853(p).

United States v MARC WELXER, 14-CR-399(ENV)

Preliminary Order

of

Forfeiture

Page 1

Case 1:14-cr-00399-ENV Document 95 Filed 11/04/14 Page 1 of 7 PageID #: 537


2/7


3/7

c se 1:14 cr 00399 ENV Document 85 1 Filed 10/21Jl4 Page 3 of 6 PagelD

:

492

Marc Wexler, and all proceeds traceable thereto; and (f) all funds and/or securities currently

on deposit in Morgan Stanley Brokerage Account 049-110784 held

in

the name

of

or for the

benefit ofAlyse Wexler, and all proceeds traceable thereto.

4. Within sixty (60) days of the United States Marshals Service s receipt

of certified copies of this Preliminary Order ofForfeiture, the United States Marshals Service

shall ensure that all the Forfeited Assets are liquidated and deposited into an interest bearing

account and in partial satisfaction of the Forfeiture Money Judgment pending further order

of

this court.

5.

f

he Forfeiture Money Judgment is not received as provided above,

the Defendant shall forfeit any other property of his up to the value of the Forfeiture Money

Judgment, pursuant to 21 U.S.C. 853(p). The Defendant shall fully assist the government

in effectuating the payment of the Forfeiture Money Judgment. The Defendant shall not file

or interpose any claim

or

assist others to file or interpose any claim to any property against

which the government seeks to execute the Forfeiture Money Judgment in any administrative

or

judicial proceeding.

6. The Defendant knowingly and voluntarily waives his right to any

required notice concerning the forfeiture of the money forfeited hereunder, including notice

set forth in an indictment or information.

In

addition, the Defendant knowingly and

voluntarily waives his right,

if

any, to a

jury

trial on the forfeiture

of

said money, and waives

all constitutional, legal and equitable defenses to the forfeiture

of

said money, including, but

not limited to, any defenses based on principles of double jeopardy, the Ex Post Facto clause

of the Constitution, the statute of limitations, venue, or any defense under the Eighth

United States v. MARC WELXER, 14-CR-399(ENV)

Order ofForfeiture

Page



4/7

c se 1:14 cr 00399 ENV Document 85 1 Filed 10/21/14 Page 4 of 6 PagelD

:

493

Amendment, including a claim

of

excessive fines. The forfeiture of the money forfeited

hereunder is not to be considered a payment of a fine or restitution or a payment on any

income taxes that may be due.

7 Any person, other than the Defendant, asserting a legal interest in the

Forfeited Assets may, within thirty (30) days of the final publication of notice

or

receipt of

notice, or no later than sixty (60) days after the first date of publication, whichever is earlier,

petition the court for a hearing without ajury to adjudicate the validity ofhis or her alleged

interest in the property, and for an amendment

of

the order

of

forfeiture, pursuant to

21

U.S.C.

853(n)(6). Any petition filed in response to notice

of

the forfeiture

of

the Forfeited

Assets must be signed by the petitioner under penalty of perjury and shall set forth the nature

and extent of he petitioner's right, title, or interest in the property, the time and

circumstances of the petitioner's acquisition

of

the right, title or interest in the property, any

additional facts supporting the petit ioner's claim, and the relief sought.

8 The Defendant shall not file or interpose any claim or assist others to

file or interpose any claim to any

of

the monies and/or properties forfeited hereunder in any

administrative or judicial proceeding. The defendant shall take whatever steps are necessary

to ensure clear title to the Forfeited Assets pass to the United States, including, but not

limited to, the execution of any documents necessary to effectuate the surrender of the

Forfeited Assets to the United States. Further, if any third party files a claim to the Forfeited

Assets, the Defendant will assist the government in defending such claim.

f

he Forfeited

Assets are not forfeited in their entirety, the United States may seek to enforce this

Preliminary Order against any other assets of the Defendant up to the value

of

the Forfeited

United States v MARC WELXER, 14-CR-399(ENV)

Order

of

Forfeiture

Page



5/7


6/7

Case 1:14 cr 00399 ENV Document 85 1 Filed 10/21/14 Page 6 of 6 PagelD : 495

Attorney's Office, Eastern District ofNew York, 271 Cadman Plaza East, Brooklyn, New

York 11201.

Dated: Brooklyn4ew York

V

~

2014

fJov.w r

p

{J.SIJT l/trrrt 1 ;1 .J

H O N ~ E r u c

} VIT LI NO-

UNITED STATES DISTRICT JUDGE

United States v.

MARC

WELXER, 14-CR-399(ENV)

Order

of

Forfeiture

Page6



7/7

c se

1:14 cr 00399 ENV Document 85 Filed 10/21/14 Page 1 of PagelD

#:

489

SLR:LDM:CSK

F.

#2013R01203

yECF

The Honorable Eric N. Vitaliano

United States District Judge

Eastern District ofNew York

225 Cadman Plaza East

Brooklyn, New York 11201

U.S.

epartment

o

Justice

United States Attorney

Eastern District o New York

27 Cadman Plaza ast

Brooklyn New York 11201

October 21, 2014

ourtesy

opy

riginal filed

lectronicall

Re: United States v. Marc Wexler

Criminal Docket No. 14-CR-399 (ENV)

Dear Judge Vitaliano:

Enclosed please find a proposed Preliminary Order of Forfeiture in the above

captioned case, the terms ofwhich defendant Marc Wexler has agreed to in a plea agreement

entered into in cormection with his October 15 2014 guilty plea. Accordingly, the

government and the defendant, jointly, respectfully request that the Court so order the

enclosed proposed order.

Thank you for Your Honor's consideration

of

this request.

By:

Enclosure

cc: Craig Carpenito, Esq. (via ECF)

Respectfully submitted,

LORETTA E. LYNCH

United States Attorney

Eastern District ofNew York

a u ~ ~

Claire S. Kedeshian

Winston Paes

Assistant U.S. Attorney

(718) 254-6051/6023


Documents

USA v. Discala Et Al Doc 95 Filed 6 Nov 14