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United States v. Carredano

United States District Court, D. Massachusetts

June 21, 2017

UNITED STATES OF AMERICA
v.
CLAUDIA CARREDANO, Defendant.

          PRELIMINARY ORDER OF FORFEITURE IN PARTIAL SATISFACTION OF MONEY JUDGMENT

          GEORGE A. OTOOLE, JR. United States District Judge

         WHEREAS, on February 29, 2016, a federal grand jury sitting in the District of Massachusetts returned a two-count Information, charging defendant Claudia Carredano (the "Defendant") with Wire Fraud, in violation of 18 U.S.C. § 1343 (Count One); and Identity Theft, in violation of 18 U.S.C. § 1028(a)(7), (b)(1)(D) (Count Two);

         WHEREAS, the Information also contained a forfeiture allegation, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(2)(B), and 28 U.S.C. § 2461(c), which provided notice that the United States sought the forfeiture, upon conviction of the Defendant of one or more of the offenses charged in Counts One and Two of the Information, of any property, real or personal, which constitutes, or is derived from, proceeds obtained directly or indirectly as a result of such offenses;

         WHEREAS, the forfeiture allegation of the Information further provided that, if any of the above-described forfeitable property, as a result of any act or omission by the Defendant, (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty, it is the intention of the United States, pursuant to Title 18, United States Code, Section 982(b)(2), and Title 28, United States Code, Section 2461(c), both incorporating Title 21, United States Code, Section 853(p), to seek forfeiture of all other property of the defendant up to the value of the property described in the above referenced paragraphs;

         WHEREAS, on March 24, 2016, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Defendant pled guilty to Counts One and Two of the Information, pursuant to a written plea agreement that she signed on February 23, 2016;

         WHEREAS, in Section Nine of the plea agreement, the Defendant agreed the assets to be forfeited specifically included, without limitation, a money judgment equal to the total amount of proceeds that were derived from or were traceable to the commission of the Defendant's offenses in violation of 18 U.S.C. §§ 1343, 1028(a)(7), as charged in Counts One and Two of the Information;

         WHEREAS, the Defendant admitted that such money judgment was subject to forfeiture on the grounds that it constituted, or was derived from, proceeds traceable to the commission of the offenses charged in Counts One and Two of the Information;

         WHEREAS, the Defendant also consented to the forfeiture of substitute assets, which could be used toward the satisfaction of the Money Judgment, including but not limited to the following assets:

a. $85, 009 in United States currency;
b. a Citibank check in the amount of $78, 472.32 payable to Luis Carredano; and
c. $65, 632.45 in United States currency seized from Eastern Bank Account No. ending in 1065,

         (collectively, the "Properties"), and in the event that the Properties exceeded the amount of the forfeiture Money Judgment, the United States agreed to return the remaining portion to the Defendant;

         WHEREAS, on January 6, 2017, a sentencing hearing was held whereby this Court sentenced the Defendant to 30 months incarceration, to be followed by three years supervised release, and ordered the Defendant to pay a special assessment of $200, and the Court issued an Order of Forfeiture (Money Judgment) in the amount $320, 376.03; and

         WHEREAS, pursuant to the Court's January 6, 2017, Order of Forfeiture (Money Judgment) and Rule 32.2(e) of the Federal Rules of Criminal Procedure, the United States is now entitled to a Preliminary Order of ...


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