United States District Court, D. Massachusetts
ORDER OF FORFEITURE (MONEY JUDGMENT)
RICHARD G. STEARNS UNITED STATES DISTRICT JUDGE
WHEREAS,
on December 16, 2014, a federal grand jury sitting in the
District of Massachusetts returned a 131-count Indictment
charging defendant Glenn A. Chin and 13 other individuals
with a number of crimes;
WHEREAS,
the defendant was charged with Racketeering, in violation of
Title 18, United States Code, Section 1962(c) (Count 1),
Racketeering Conspiracy, in violation of Title 18, United
States Code, Section 1962(d) (Count 2), Mail Fraud, in
violation of Title 18, United States Code, Section 1341
(Counts 4-31, 36, 38, 44-56), Introduction of Adulterated
Drugs into Interstate Commerce with Intent to Defraud and
Mislead - Insanitary Conditions, in violation of Title 21,
United States Code, Sections 351(a)(2)(A), 331(a), and
333(a)(2) (Counts 57-84, 89-90), Introduction of Misbranded
Drugs into Interstate Commerce with Intent to Defraud and
Mislead - False and Misleading Labeling, in violation of
Title 21, United States Code, Sections 352(a), 331(a), and
333(a)(2) (Counts 93-94), and Aiding and Abetting, in
violation of Title 18, United States Code, Section 2 (Counts
57-84, 89-90, and 93-94);
WHEREAS,
the Indictment contained a Racketeering Forfeiture
Allegation, pursuant to Title 18, United States Code, Section
1963, which provided notice that the United States sought the
forfeiture, upon conviction of the Defendant of any offense
alleged in Counts 1 and 2 of the Indictment, of the
following:
a. any interest acquired or maintained in violation of Title
18, United States Code, Section 1962;
b. any interest in, security of, claim against, or property
or contractual right of any kind affording a source of
influence over, any enterprise established, operated,
controlled, conducted, or participated in the conduct of, in
violation of Title 18, United States Code, Section 1962;
c. any property constituting, or derived from, any proceeds
obtained, directly or indirectly, from racketeering activity
or unlawful debt collection in violation of Title 18, United
States Code, Section 1962; d. any and all salaries, bonuses,
stock distributions, retirement contributions and accounts,
health and life insurance benefits including premium
payments, and any and all other benefits obtained through
employment by and association with the entities named in the
racketeering enterprise alleged in Counts 1 and 2 from 2006
through October 2012;
WHEREAS,
the Indictment also contained a Mail Fraud Forfeiture
Allegation, pursuant to Title 18, United States Code, Section
981(a)(1)(C), and Title 28, United States Code, Section
2461(c), which provided notice that the United States sought
the forfeiture, upon conviction of the Defendant of any
offense alleged in Counts 4-31, 36, 38, 44-56 of the
Indictment, of any property, real or personal, that
constitutes, or is derived from, proceeds traceable to the
commission of the offenses;
WHEREAS,
the Indictment also contained a Food, Drug, and Cosmetic Act
("FDCA") Forfeiture Allegation, pursuant to Title
21, United States Code, Section 334 and Title 28, United
States Code, Section 2461(c), which provided notice that the
United States sought the forfeiture, upon conviction of the
Defendant of any offense alleged in Counts 57-84, 89-90, and
93-94 of the Indictment, of any quantities of drugs described
in those Counts that were introduced into interstate commerce
in violation of Title 21, United States Code, Sections
351(a)(2)(A), 352(a), 353(b)(1), 331(a), and/or 333(a)(2);
WHEREAS,
the Indictment further provided that, if any of the
above-described forfeitable property, as a result of any act
or omission by the Defendant(s), (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, the United States is entitled to seek forfeiture
of any other property of the Defendant, up to the value of
such assets, pursuant to Title 18, United States Code,
Section 1963(m), and Title 21, United States Code, Section
853(p), as incorporated by Title 28, United States Code,
Section 2461(c);
WHEREAS,
on October 25, 2017, after a 27-day jury trial, a jury found
the Defendant guilty of all 77 counts of the Indictment:
Count 1 (Racketeering), Count 2 (Racketeering Conspiracy),
Counts 4-31, 36, 38, and 44-56 (Mail Fraud), Counts 57-84, 89
and 90 (Introduction of Adulterated Drugs), and Counts 93-94
(Introduction of Misbranded Drugs);
WHEREAS,
the United States, upon the exercise of due diligence, is
unable to locate all of the proceeds, in part because the
proceeds were spent by the Defendant and otherwise
distributed or co-mingled with other funds;
WHEREAS,
for the reasons set forth in the Memorandum and Order on
Forfeiture of Property (Docket No. 1448), the United
States is entitled to an Order of Forfeiture (Money Judgment)
consisting of a personal money judgment against the Defendant
in the amount of $175, 000 in ...