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United States v. Yerardi

United States District Court, D. Massachusetts

November 28, 2016

UNITED STATES OF AMERICA
v.
JOSEPH A. YERARDI, JR., Defendant, AMIR KAYVON BINA, and JOSEPH KAVEH YERARDI, Petitioners.

          FINAL ORDER OF FORFEITURE (ALL FUNDS ON DEPOSIT IN EFG BANK VON ERNST AG ACCOUNT/CLIENT RELATIONSHIP NO. 440882)

          NATHANIEL M. GORTON, UNITED STATES DISTRICT JUDGE

         WHEREAS, on October 14, 1993, a federal grand jury sitting in the District of Massachusetts returned a seventy-one count Indictment charging the defendant, Joseph A. Yerardi, Jr. (the "Defendant"), and others, with violations of, inter alia, 18 U.S.C. §§ 892 (making extortionate extensions of credit), 894 (collection of extensions of credit by extortionate means), 1956 (laundering of monetary instruments), and 1962 (racketeering);

         WHEREAS, on May 1, 1995, the Defendant entered into a written plea agreement (Docket No. 339), wherein he agreed to plead guilty to all counts of the Indictment, and as part of his plea agreement, he agreed to the entry of an order of forfeiture in the amount of nine hundred sixteen thousand dollars in United States currency ($916, 000), pursuant to 18 U.S.C. §§ 982 and 1963, and further stated that he understood that the United States would proceed against any and all of his assets in order to satisfy the order of forfeiture;

         WHEREAS, the Defendant was ultimately sentenced to 135 months in prison and ordered to forfeit $916, 000 to the United States, pursuant to the Preliminary Order of Forfeiture issued by the Court on July 28, 1995;

         WHEREAS, under the terms of the Preliminary Order of Forfeiture, the Court indicated that the United States was entitled to forfeiture of $916, 000 in United States currency, or substitute assets of the Defendant in a value up to that amount, pursuant to 18 U.S.C. §§ 982 and 1963;

         WHEREAS, the $916, 000 money judgment against the Defendant remains outstanding; and the Defendant has not made any payments towards the forfeiture judgment;

         WHEREAS, based upon the terms of the Preliminary Order of Forfeiture, the United States is entitled to amend its Order of Forfeiture at any time to substitute property in order to satisfy the $916, 000 money judgment, in whole or in part;

         WHEREAS, in March 2010, the United States received information from law enforcement authorities in Liechtenstein concerning bank accounts possibly involved in the money laundering activities of the Defendant;

         WHEREAS, after receiving this information, the United States submitted a request to Liechtenstein for information regarding these accounts, and obtained a restraining order from this Court for all Funds on Deposit in EFG Bank Von Ernst AG Account/Client Relationship No. 440882 (the "EFG Account" and the "EFG Funds");

         WHEREAS, on May 23, 2012, on a Motion by the United States, this Court entered a Preliminary Order of Forfeiture for the EFG Funds, pursuant to 18U.S.C. § 1963 (m), and pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982;

         WHEREAS, notice of the Preliminary Order of Forfeiture was sent to all interested parties, including the Defendant and the Defendant's counsel, and was published on the government website www.forfeiture.gov for thirty (30) consecutive calendar days, beginning on June 5, 2012, and ending on July 4, 2012;

         WHEREAS, on November 5, 2012, petitioners Amir Kayvon Bina and Joseph Kaveh Yerardi filed a document with the Court in which they asserted an interest in the EFG Funds;

         WHEREAS, no other party has filed a claim to the EFG Funds or otherwise defended against this forfeiture action as to the EFG Funds, as required by Rule 32.2 of the Federal Rules of Criminal Procedure, and the time within which to do so has expired; and

         WHEREAS, the United States and the Petitioners have reached a full and final settlement of this matter as to the EFG Funds, and have executed and filed a Settlement Agreement with the Court in which the Petitioners withdraw any ...


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