usa v. fernandez et al doc 457 filed 06 jan 16.pdf

8/20/2019 USA v. Fernandez et al Doc 457 filed 06 Jan 16.pdf

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Case 1:11-cr -00062- PAC Document 456-1 Filed 01/05/16 Page 1 of 25

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

UN ITED STATES OF AMERICA

- v

DAVID LEVY, andDONNA LEVY,

Defendants.

X

X

FINAL ORDEROF

FORFEITURE

SS Cr. 62 (PAC)= :::: ::= ::; :: ·------·==.:::::-..:: IUSDC SDNY

DOCUl\IIENTI ELECTRONICALLY FILED

i DOC#: ·_ ? ~ ~ , T EFILED: l _ f od

~, - . ~ · ·

WHEREAS , on or about June 28, 201 3, DAVID LEVY, among others, was charged in a

Twelve Count Superseding Indictment , S5 11 Cr. 62 (PAC) (the Indictment ), wi th conspiracy to commit

secu ritie s and wire fraud, in violation of Title 18, United States Code, Section 371 (Coun t One ); securities

fraud in vio lati on ofTitle IS , United States Code, Secti ons 78j( b) & 78ff, Title 17 , Code of Fe deral

Regulations, Sectio ns 240.1 Ob 5 and 240.1 ObS-2, and Title 18, United States Code, Sect ion 2 (Counts

Two through Four) ; and conspiracy to commit money laundering in violation of Title 18, United States

Code , Secti on 1956 (h) (Count Five);

WHEREAS, on or about Jun e 28, 2013, DONNA LEVY (DONNA LEVY and DAVID

l .E VY , together, are the defendants ) among others, was charged in the indictment, with conspiracy to

commit secur ities and wire fraud, in vi o lati on ofTitle 18 , Uni t ed States Code, Sec tion 371 (Cou nts One

and Six); and se c uritie s fraud in violation ofTitle IS, Uni ted States Code, Sec tions 78j(b) 78ff, T it le

17 , Code of Federal Regulati ons, Sections 240.10b-S and 240.10bS-2, and Title 18, Uni ted States Code,

Section 2 (Co unts Two and Three and Seven through Eleven);

WHEREAS , the Indictm ent included a forfeiture allegat ion, seeking fo rf eiture to

the United States , pursuant to Title 21, United State s Code, Section 853, of any and all propert y

constituting or derived from any proceed s obtained directl y or indir ectly as a resul t of the off ense

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and any and all propet1y used or intended to be used in any manner or part to commit or to

fac ili tate the commission of one or more of the offenses alleged in Counts One through Four and

Six through Eleven of the Indictment, including but not limited to the following:

a) At least 14 million in United States currency, in that such sum in

aggregate is property represen ting the amount of proceeds obta ined as a

result of the offenses alleged in Counts one through Four and Six throug h

Eleven ofthe Indi ctment; and

b) The real property and appurtenances, with all improvements and

attachments thereo n, located at 3109 N.E. 23rd Court, Fort La uderdale ,

Florida 33305;

WHEREAS, the Indictment included a forfeitur e allegat ion, seeking forfeiture to

the United States , pursuant to Title 18, United States Code , Section 98 1(a) l )(C) and Title 28,

United States Code, Section 246 1, of all property , real and personal, that constitutes or is derive d

from proceeds traceable to the commission of one or mor e of the offenses alleged in Counts Five

and Twelve of the Indictment, including but not limited to the following:

a) At least 14 million in United States currenc y, in that such sum in

aggregate is property representing the amount of procee ds obtained as a

result of the offenses a lleged in Counts Five and Twelve of the

Indi ctm ent; and

b The rea l property and appurtenances, with all improvements an d

attachments thereon, located at 3109 N .E. 23rd Court, Fort Lauderdale,

Florida 33305

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Case 1 :11 -cr-00062-PAC Document 456-1 Filed 01/05/16 Page 3 of 5

WHEREAS, on March 3, 2013, the Government filed a Forfeiture Bill of

Particulars providing notice that the property subject to forfeiture (i) as a result of the offenses

described in Counts One through Four and Six through Nine of the Indictment, as allege d in the

Forfeiture Allegations and/o r the Substitute Assets Provisions in the Indictment, includes, but is

not limited to, One 2009 Bentley Continental automobile with YIN SCI3BP93W09C061193,

One 2008 Fleetwood Revolution LE Class A Motor Home with VIN 4VZBTID958C066518;

and all funds on deposit in Account Number 0359823564, held in the name of DML Marketing

Corp., at BankUnited (the DML Marketing Account ); and (i i) as a resul t of he offense

described in Count Five of the Indictment, as alleged in the Forfeiture a llegations and/or the

Sub stitute Assets prov isions in the Indictment, includes bu t i s not limi ted to, the interests of

DONNA LEVY and DAVID LEVY, t he defendant s, in Account Num ber 01122000037 held in

the name of Udino Investment, Inc ., at Capital Bank, Panama (the Ud ino Account ) and the

interests of DONNA LEVY and DAVID LEVY, the defendants, in Account Number

0 1506010885 held in the name ofB luefm Financial Group, at Capital Bank , Panam a (the

B luefin Account ) (the DML Market ing Account, the Udino Account and the Bluefin Account

together are the Subject Property );

WHEREAS, on or about March 21,2013, the defendants were found guilty

following a ju r y trial before Judge Pau l A Crotty on each and every count of the Indictment with

which they were r espectively charged;

WHEREAS, on or about January 28, 2014, this Court entered a Prel iminary Order

of Forfeiture/Money Judgment against DAVID L EVY i) imposing a Money Judgment of

$12,008,03 7 in United States currency against the defendant; and (ii ) fo rfeitin g all of his right,

title and interest in , among other items, the Subject Property;

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Case 1:11 cr 00062 PAC Document 456 1 Filed 01/05/16 Page 4 of 25

WHEREAS, on or about March 18 , 20 14 , thi s Court entered a Preliminary Order

of Forfeiture /Money Judgment against DONNA LEVY (i) imposing a Money Judgment of

5,047,576 in United State s currency again st the defendan t; and (i i forfeiting all of his right,

ti tle and interest in , among other items, the Subject Property (th e Prelim inary Orders of

Forfeiture/Money Judgments entered against the Defendants are attached hereto as Exhibit A);

WH EREAS , notice of forfeiture was posted on an official Go vernmen t Intern et

site (www. for feiture.gov) for at least 30 c onsecuti ve days , beginning on December 23, 2014, as

required by Rule G(4)(a)(iv) (C of the Supplementa l Rule s fo r d m i r a ~ t yor Marit ime Claims

and Asset Forfeiture Actions, and proof of such publication was filed with the Clerk of the Court

on or about December 18,2015 a copy of which is atlached heret o as Exhibit B);

WHEREAS, on or about Septemb er 4 , 2015 , letter notice was also mailed by

ce1tified mail, return receip t request ed, to Bluefin Financial Group, c/o Josep h Saranello; Udino

Investment, Inc., c /o Joseph Saranello; and DML Marketing Corp ., c/o Donna Lev y;

WHEREAS, the Go ve rnment subsequently received United States Postal Service

green return receipt cards indicating that the mailed notices had been delivered;

WHEREAS , pursuant to 21 U.S.C. 853(n )(7), the United States shall have clea r

title to any forfeited property if no petitions for a hearing to contest the fo rfeiture ha ve been filed

within thirty (30) days of final publication of notice of the fo rfeiture or receipt of notice of the

forfeiture as set .forth in 21 U.S.C. § 853(n)(2 ; and

WHEREAS, thirty (30) days have expired since final publicati on of notice and the

receipt ofletter noti ces and no petitions have been tiled to conte st the fo rfe iture of the Subject

Property;

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Case 1:11 cr 00062 PAC Document 456 1 Filed 01/05/16 Page 5 o 25

NOW, THEREFORE, IT IS ORDERED , ADJUDGED AND DECREED THAT:

1 All right, title and interest in the Subject Property is hereby forfeited and

vested in the United States of America, and shall be disposed of according to law.

2 . Pursuant to 21 U.S.C. § 853 n) 7) the United States of America shall and

is hereby deemed to have clear title to the Subject Property.

3. The United States Marshals Service (or a designee) shall take possession

of the Subject Property and dispose of the same according to law, in accordance with 21 U.S.C. §

853 h).

4. The Clerk of the Court shall forward four certified copies of this Final

Order of Forfeiture to Assistan t United States Attorney Jason H Cowley, Chief , Money

Laundering and Asset Forfeiture Unit, United States Attorney s Office, Southern District of New

York, One St. Andrew s Plaza, New York , New York 1000 7.

Dated: New York, New York· t J 2016

SO ORDERED :

HONORABLE PAULA. CROTTYUNITED STATES DISTRICT JUDGE

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xhibit



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s ~ : ; r •r ·r i~ 7.:::-:==------.:::--=----... l

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

- v. -

DAVID LEVY,

Defendant.

X

- - · · X

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-:: ·1 - ; r· - ~ •... . · ·· . · T - r.T .T ll t .J - , • • . 1 • · , , _ \ J J J i f t l_ l1·-· . -- ...:_. . ; ·. ' : · .

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PRELJMU\AR Y ORDER OFFORFEITURE /MONEY JUDGMENT

SS 11 Cr. 62 (PAC)

WHEREAS, on o r about June 28, 2013, DAVID LEVY (the defen dant ), among

othe rs, was charged in a Twelve Count Superseding Indictm ent, SS I 1 Cr. 62 (PAC) (t he

Indictment ), with consp iracy to commit securities and wire fraud, in violation of T itle 18,

Un ited Sta.tes Code, Se ction 3 71 (Count One ; securities fraud in violat ion of Tit le 15, Unite d

States Code, Se ct ions 78j(b) & 78ff, Title 17, Code of Federal Regulations, Sections 240.1 Ob-5

and 240. IOb5-2, and Title 18, Uni ted State s Code, Section 2 (Counts Two through Four); and

consp iracy to commit money launder ing in vio lation of Title 18, U ni ted States Code, Section

1956 (h (Cou nt Five);

WHEREAS, the Ind ictmen t included a forfeiture allega tion, seeking forfe iture to

the United States, pursuan t to T itle 2 1, United S tates Code, Section 853, of any and all property

constit uting or der ived from any proceeds obta ined directly or indirectly as a result of the offe nse

and any and all property used or intended to be used in any manner or pa 1 to commi t or to

faci litate the commission of one or more of the offenses alleged in Counts One through Four and

Six through Eleven of the Ind ictment, includi ng but not limited to the following:

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a) At least $14 million in United States currency, in that such sum in

aggregate is property representing the amount of proceeds obtained as a

resul t of the offenses alleged in Counts one through Four and Six through

Eleven of the Indictment;

b) The real property and appurtances, with all improvements and attachments

thereon, located at 3109 N.E. 23 rd Court, Fort Lauderdale, Florida 33305.

WHEREAS, the Indictment included a forfeiture allegation, seeking forfeiture to

the United States, p ursuant to Title 18, United States Code, Section 981 (a)( I) C) and Title 28,

United States Code, Section 2461, of all property, real and persona l, that constitutes or is derived

from proceeds traceab le to the commission of one or more of the offenses alleged in Counts Five

and Twelve of the Indictment, including but not limited to the follow ing:

a) At least $14 million in United States currency, in that such sum in

aggregate is property representing th e amount of proceeds obtained as a

resu lt of he offe nses alleged in Counts one through Four and Six through

El even of the Indictment;

b) The real property and apputtances, with all improvements and

attachments thereon, located at 3109 N E. 23rd Court , F011 Lauderdale,

Florida 33305

(together, the Indictment properties );

WHEREAS , on March 3, 2013, the Go ve rnmen t filed a Forfeiture Bill of

Particulars providing notice that the property subject to fo rf eiture (i) as a result of the offenses

described in Counts One through Four and Six through Nine ofth Indic tment, as alleged in the

Forfeiture All egations and /o r the Substitute Assets Provisions in the Indictment, inc ludes, but is



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not limited to, One 2009 Bentley Cont inental automobile with YIN SCBBP93W09C061 l93,

One 2008 Fleetwood Revolution LE Class A Motor Home with VfN 4VZBT1D958C0665 18;

and all funds on depos it in Account Number 0359823564 , held in the name o DML Marketing

Corp., at BankUnited; an d (ii) as a resu lt ofthe offense described in Count Five o the

Indictment, as alleged in the Forfeiture allegations and/or the Substitute Assets p rovisions in the

Indictment, includes but is not limited to, the interests ofDONNA LEVY and DAVID LEVY,

the defendants, in Account Number 01122000037 held in the name o Udino Investment, Inc., at

Capital Bank, Panama and the interests of DONNA LEVY and DAVID LEVY, the defendants,

in Acco unt Number 01506010885 held in the name o Bluefin Financial Group, at Capital Bank,

Panama (the items described in subsections (i) and (i i) o this paragraph and the Indictment

properties, togethe r, are the Subject Property );

WHEREAS , on or about March 21,2013, the defendant was found guilty

fol low ing a jury trial before Judge Pau l A. Crotty on each and every count o the Indictment w ith

which he was charged; and

WHEREAS, pursuant to 2 U.S.C. § 853(g) and Rule s 32.2(b)(3) and 32.2(b) 6)

o he Federal Rules o Criminal Procedure, the Govern ment is now entitled, pending any

assertion o third-party claims, to reduce the Subject Property to its possessio n and to notify any

person who reasona bly appears to be a potential claiman t o its interest therein;

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

I) As a resul t ofthe offenses charged in the Ind ictment o wh ich the

defendant was found guilty, a money judgment in the amo unt o $12, 008,037 in United States

cuiTency (the Money Judgment ) shall be entered ago inst the defendant.

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2) As a result o the offenses charged in the l ndictment, all o the defe ndant's

right, title and interest in the following Subject Property is hereby forfe ited to the United States

for disposition in accordance w ith the law, subject to the provisions o Title 2 1, United States

code, Section 853:

a) The real property and appurtances, with all improvements and

attachments ther eon, located at 3 109 N E. 23rd Court, Fort Lauderda le,

Florida 33305;

b) One 2008 Fleetwo od Revolution LE Class A Motor Home with YIN

4VZBT D958C066518; and

c) One 2009 Bentle y Continental automobi le with YIN

SCBBP9 3W09C06 1 93;

d) all fund s on deposit in Acc ount Number 035 9823564, held in the name

o DML Market ing Corp., at BankUn ited;

e) the interests o DONNA LEVY and DA YID LEVY, the defendants , in

Acc ount Number 011220 00037 held in the name o Udino Inves tment,

Inc., at Capital Bank, Panama; and

f the interests o DONNA LEVY and DAV ID LEVY, the defen dants, in

Account Number 01506 010885 held in the na me o Bluefin Financ ial

Group, a t Capital Bank Panama

(together , the Subject Property ) .

3) Pur suant t o Ru le 32 .2(b)( 4) o the Federal Rules o f Criminal Procedure,

upon entry o this Preliminary Order o Forfeiturc rvloney Judgme nt, th is Prelim inary Order of

Forfeiture /Money Jud gme nt is final as to the defendant, DAVID LEV Y, and shall be deemed

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part of the se ntence of the defen dant, and shall be include d in the judgment of conviction

therewith.

4) Upon entry of this Preliminary Order of Forfeitu re/Money Jud gmen t, the

United States Marshals Service or its des ignee) is authorized to seize the S ubject Prope1ty and

hold the Subject Property i n its secure, custody and control. Upon specific written di rection by

the United Sta tes Marshals Service or its des ignee) only, to be pro vi ded at the sole discret ion of

the Unit ed States Marshals Service or its designee), BankU nited, N.A. and Capital Bank,

Panama , must:

a. Liquidate some or all of the accounts included in the Subjec tProperty by converting the contents to cash; and/o r

b. Transfer the contents of the accounts included in the SubjectPropert y to the Seized Asset Deposit Fun d to be held pending theissuance of a Final Order of orfeiture ); and /or

c . provide to the United States Marshals Service or its designee ) anyand aJJ records, including account sta temen ts and subsidiarydocumentation supporting any transa ctio ns listed, fl Om the time ofrestraint pursuant to this Order until the final liquidation of the accounts.

5) Pur suant to Title 21, United States Code, Section 853 n) (l ), Ru le

32.2 b) 6) of the Federal Rules of Crimina l Procedure , and Rules G 4) n) iv) C) and G 5) a) ii)

of the Supplemental Rules for Admiralty or Maritime Claim s and Asset Forfeiture Actions, the

United States s hall publish for at least th irty 30) consecutive days on the offici al government

internet f ~ r f e i t u r esite, www .forfeiture.gov, notice of this Prelim inary Order o f o r f e ur e ~ o n e y

Judgment. Any person , othe r than the defe ndant in this case, c laim ing an intere st in the Subject

Property must file a petition within six ty (60) days from the first day of pub lication ofthe no tice

on this official government internet site, or no late r than thirty-t1ve 35) days from the mailing of

actual notice, wh ichever is earlier.

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6) This notice s ha ll state that the petition shall be for a hearing to adjudicate

the validity of the petitioner s alleged interest in the Subject Pr operty, shall be signed by the

petit ioner under penalty of perjury, and shall set fotih the nature and extent of the petitioner s

right, title and interest in the Subjec t Property and any additional facts supporting the petitioner s

claim and the re lief sought, pursuan t to Title 21, United States Code, Section 853(n).

7) Pursuant to Rule 32.2(b)(6)(A) of the Federal Rules of Crimina l

Procedure , the Government shall send notice to any person who reasonably appears to be a

potentia l claimant w ith standing to contest the forfeiture in the ancil lary pro ceedi ng.

8) Upon adjudication of all third-party interests, this Court wi1 enter a Final

Order of Forfeiture with respect to the Subject Propert y pursuant to Ti tle 21, United States Code,

Section 853(n) and Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure, in which all

third-party interests will be addressed.

9) All payments on the outstanding Money Judgment shall be made by postal

money order, bank or cet1iti ed check, made payable, in this instance, to the United States

Marshals Service, and delivered by mail to the United States Attorney s Office, Southern District

ofNew Yo rk, Attn: Asse t Porfeitur e Unit, One St. Andrew s Plaza, New York, New York 10007,

and shall indic ate the defendant s name and case number.

I0) Upon execution of his Preliminary Order of Forfe itu re/Money Judgment ,

and pursu ant to Tit le 21 United States Code, Section 853, the United States Marshals Service (or

its designee) sha ll be authorized to deposit all payments on the Money Judgm ent in the Assets

Forfeiture Fund, and the United States shall have clear title to S\tch forfeit ed property.

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II The Court shall retain jurisdiction to enforce this Preliminary Order of

Forfeiture/Money .Judgment, und to amend it as necessary, pursuant to Rule 32.2 ofthe Federal

Rules of riminal Proce dure.

12 Pursuant to Ru le 32.2(b)(3) ofthe Federal Rules of Crim inal Procedure,

upon entry of this Preliminary Order of Forfeiture/Money Judgment , the Unit ed States Attorney's

Office is authorized to conduct any discovery needed to identifY, locat e or disp ose offorfeitable

property, including depositions, interrogat ories . reque sts fo r production of documents and the

issuance of subpoenas, pursuant to Rule 45 ofthc Federa l Rules of Civil Procedure .

13) The Clerk of the Court shall fo1ward t l m ~ ecertified copies of this

Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Sharon

Cohen Levin, Chief of the Asse t Forfeiture Unit, One St. Andrew's Plaza, New York , New York,

0007.

Dated: New Yark New YorkJ a n u a r y ~20 14

7

SO ORDERED:

~HONORABLE PAUL A. CROTTYUNITED STATES DISTRICT JUDGE



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UN ITE D STATES DIS TRIC T COURTSOUTHERN DISTRICT OF NEW YORK

- X

UN ITED STATES OF ME RI C

- v .-

DONNA LEVY,

Defe ndan t.

- - - - X

USDC SD NY

E C J i\·: ·:: :: C , \LLY FILED

DC ;.. u - - -D_A_TL_: _ I_ ~_ D - ~ ~ ~ - I ~ C j ~ - J ~ f ~

PRELIMINARY ORDER OFFORFEITURE/MONEY JUDGMENT

SS I I Cr . 62 (PAC)

WHEREAS , on or abou t June 28, 20 I2, DONNA LEVY (the defendant ),

among others, was charged in a Twelve Count Superseding Indictmen t, S5 I I Cr. 62 (PAC) (the

Indict m ent ), with consp irac y to commit securi t ies and wire fra ud, in vio lation of Tit le 18,

Un ited States Code, Section 371 (Coun ts One and Six); and securities fraud in vio latio n ofTitle

15, Un ited State s Code, Sectio ns 78j(b) 78ff , Title 17, Code o f Federal Regu lations, Sections

240.1 Ob-5 and 240.1 Ob5 -2, and T itle I 8, Unit ed States Code, Section 2 (Co unts Two and Th ree

an d Seven through Eleven);

WHEREAS, the In d ict m ent i ncluded a forfeiture allegat ion, seeking forfeit ure to

the Uni ted States, pursu a nt to Title 18, U nited States Code, Sec tio n 981 (a)( I)(C ) and T itle 28,

UI;Jited States Code, Section 246 1, of any and all property constit uting or der ived f rom any

proceeds obta ined d irect ly or indir ec tly as a result of the offense an d any and all property used or

intended to be used in any manner or part to commit or to facil itate the co m mission of one or

more of the offe nses a ll eged in Co unts One through Four and Six through Eleven of the

Indictm ent, inc ludin g but not li mi ted to th fo llowing:



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a) At least I million n United States currency, in that such sum in

aggregate is property representing the amount of proceeds obtained as a

result of he offenses allege d in Counts one thr oug h Four and Six through

Eleven of the Indictment;

b) The real property and appurtance s, with all impr ov emen ts and attachments

thereon, loca ted at 3109 N.E. 23rd Court, Fort Lauderdale, Florida 33305;

WHEREAS, on March 3 , 2013, the Government filed a Forfeiture Bill of

Particulars providing notice that the property subject to forfeiture i ) as a result of the o ffenses

described in Counts One through Four and Six and Nine of the Ind ict ment, a s alleged in the

Forfeiture Allegations and/or the Substitute Asset s Pro visions in the Indictme nt , includes, but is

not limited to, One 2009 Bentley Continental automobile with VJN SCBBP93W09C061193,

One 2008 Fleetwood Revolution LE Class A Motor H o me with VJN 4VZBTI D958C066518;

and all funds on deposit in Acc ount Number 03598 23564, held in the na me of DML Marketing

Corp., at BankUnited ; and (ii) as a result of the offense described in Count Five of the

Indictment, as alleged n the Forfeiture a llegations and/or the Substitute Assets provisions in the

Indictment , includes but is not limited to, the interest s of DONNA LEVY and DAVID LEVY ,

the defendants, in Accoun t Number 01122000037 held in the name ofUdino Investment, Inc., at

Capital Bank, Panama and the interests of DONNA LEVY and DAVID LEVY, the defe nd an ts,

in Account Number 01506010885 held in the name ofBiudin Financia l Group, at Capital Bank ,

Panama (the items described in subsections i) and ii) of this paragraph and the Indictment

properties, to gether, are the Subject Property );

2



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WHEREAS , on or about March 21,2013, the defendant was found gu ilt y

following a jury trial before Judge Paul A. Crotty on eac h and every co unt o he Indictment with

which she was charged; and

WH EREAS, pursuant to 21 U.S.C. § 853(g) and Rules 32.2(b )(3) and 32 .2(b)(6 )

of the Federal Rules of Criminal Procedure, the Government is now en titled, pending any

assertion of hird -party claims, to reduce the Subject Property to its possess ion and to notify any

person who reasonably appears to be a potentia l claimant of its intere st therein;

NOW, THEREFORE IT IS ORDERED ADJUDGED AND DECREED THAT:

I As a result of the offenses charged in th e Indi ctment, of which the

defendant was found guilty, a money judgment in the amount of $5,047,576 in United States

currency (the "M o ney Judgment ) shall be e ntered against the defenda nt.

2) As a result of the offenses charged in the Indi ctme nt, all of the de fenda nt's

right, title and interest in the following Subject Property is hereb y forfe ited to the United States

for disposition in accordance with the law, subject to the provis ion s of Title 21, United States

code , Section 853:

a) The real property and appurtances, with all improvements and

attachments thereon, l oca ted at31 09 N .E. 23rd Court, Fort Laude rdale ,

·Florida 33305 (the "Levy Residence );

b) One 2008 Fleetwood Re v oluti on LE C lass A Motor Home with YIN

4V Z BTID958C066518;

c) One 2009 Bentley Continental automobile with YIN

SCBB93W09C06 193;

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d) all funds on deposit in Account Number 0359823564, held in the name

ofDML Marketing Corp., at BankUnited;

e) the interests ofDONN LEVY and D ViD LEVY, th e defendants, in

Account Number 01122000037 held in the name of Udino Inves tment ,

Jnc., at Capital Bank, Panama ; an d

f the int erests of DONNA LEVY and D VID LEVY, the defendants, in

Account Numbe r 0150601088 5 he ld in the name of Bluefin Financial

Group, at Capital Bank, Panama

(together, the Subject P roperty ), it being understood that forfeiture of the Levy Residence d oes

not include forfeiture of the Levys' personal property inside the Levy Residence, includin g

personal items (clothing, silverware, e tc . and furniture not attached to, or a fixed part of , the

Levy Residence, an d that Donna Levy will he p,ennitted to remove persona l property from the

Levy Residence.

3) Pursuant to Rule 32.2(b)(4) of the fede ral Rules of Criminal Pro cedure,

upon entry of this Preliminary Order of Forfe itur e/Money Jud gme nt , this Preli m inary Orde r of

Forfeiture/Money Judgment is final as to the defendant, DONNA LEVY and shall be deemed

part of th e se nt ence of the defendant , and shall be includ ed in the judgment of convict ion

therewith.

4) Up o n ent ry of thi s Preliminary Order of Forfe iture / Money Judgment , the

U nited States Marshals Service (or its designee ) is authorized to se ize the Subject Property and

hold the Subject Property in its secure, custody and control. Upon spec ific written direction b y

the United States Marshals Service (or its designee ) only, to be provided at the so le discretion of

4



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the United States Marsha ls Service (or its designee), Bank United , N.A. and Capita l Bank,

Panama , must:

a. Liquidate some or all of the account s included in the Subjec tProperty b y converting the content s to ca sh; and /or

b. Transfer the cont ents of the acc ounts included in the SubjectProperty to the Seized A sse t Deposit Fund (to be held pe ndin g theissua nce of a Final Order of Forfeiture) ; and/or

c. provide to the United States Marshal s Serv ice (o r its designe e) anyand all records, including account sta tements and sub sidia rydocumentation supp orti ng any transaction s li ste d, from the time ofre straint pursuant to thi s Order until the fina l l iquidation of the accounts.

5) Pursuant to Title 21, United States Code, Section 853(n)( l ), Rule

32.2(b)(6) of th e Federal Rules of Crimina l Procedure, and Ru les G(4)(a)(iv)(C) and G(S)(a)(ii)

of the Suppl em ental Rules for Admiralt y or Maritime Clai m s and A sse t Fo rfei tu re c t ions, the

United States shall publi sh for at least thirty (30) consecutive days on the official government

internet forfeiture s ite, www.forfeiture.gov, notice of this Preliminary Order of Forfeiture/Money

Ju dgment. ny person, other t han the de fendant in thi s case, claiming a n interest in the Subj ec t

Properties must file a petit ion within sixty (60) days from the first da y o f publication of the

notice on this official government inte rnet site, or no lat er than thi rty - five (35) days from the

mailing of actual noti ce, whichever is earlier.

6) This notice shall state that the petition shall be for a hearing to adjud ic ate

the validity of the petitioner s alleged interest in the Subject Property , shall be signed by the

petitioner under penalty of perjury, and shall set forth the natu re a nd extent o f t ~ pe tit ioner s

right, title and interest in the Subject Property and any additional f cts s upp orting the petitioner s

cla im and the relief sought, pu r suant to T itle 21, United States Co de , Section 853(n) .

5



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7) Pursu ant to Rule 32.2(b)(6)(A) o f the Federal Rules of Criminal

Procedure , the Government shall send noti ce to any pe rson who rea so nabl y appears to be a

potential c laim ant with standing to contest the forfeiture in t he a nc illary procee ding.

8) Upon adjudication of all third-party int eres ts, this Court will enter a Final

Order o f Forfeiture with respe ct to the Sub je c t Propert y p urs ua nt to Title 2 1, U nited States Co de ,

Sect io n 853(n) and Ru l e 32.2(c)(2) of the Federal Rule s of C rimina l Proced ure, in which all

th ird - party intere sts will be addressed .

9) All payments on the outstanding M o ne y Jud gm ent shall be made by po st al

mone y or de r , bank or certified check , made p ay ab le, i n thi s ins tan ce, to the United States

Marshal s Servi c e, and deliver e d by mail to the United Sta tes Atto rn ey s Office , Southern Di stric t

ofNew York, Attn: Asset Forfeiture Unit , One St. Andrew s Pl aza, New York , New York 10007,

and shall indicate the defendant s name and case number.

I0 ) U pon execution o f thi s Preliminary Ord er of Fo rfeitu re/Mo n ey Judgment ,

and pursuant to Title 2 1, Unite d States C ode, Section 85 3, the United States Marsha ls Service (or

its de signee) shall be au thorize d to deposit all payments on the M oney Jud g m en t in the Assets

Forfeiture Fund, and the United States shall hav e cl ea r t i t ~ ;lo such forfe ited property.

II ) The Court sha ll retai n jurisdiction to enforce th is Pr e lim inary Order of

Forfeiture/M oney Judgment , an d t o amend it as ne c ess ary , pu r suan t to Rule 32 2 of the Fe der al

Rules of Criminal Procedure.

12) Pursuant to Rul e 32 .2(b)(3) of the Fed era l Ru les of Criminal Pr oce dure,

up on entr y o f this Preliminary Order of Forfeiture/Mon ey Jud gment, the Un it ed St a tes Attorney s

Office is authorized to conduct any discovery needed t o identify , locate or dis pose of fo rfe ita ble



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.. . - · ; . . . --- - . ---·· . . . - --

Case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 20 of 25Case 1:11-cr-00062-PAC Document 369 Filed 031 1 8114 Page 7 of 7

property, including depo sitions , interrogatories , requests for production of documents and the

iss uance of subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure.

I 3) The Clerk of the Court shall forward thr ee certi i ed copies o f this

Preliminary Order of Forfeiture/Money Judgment to Assistant Un ited States Attorney Sharon

Cohen Levin, Chief of the Asset Forfeiture Unit, One St. Andrew s Plaza, New Yor k, New York,

10007.

Dated: New York , New YorkY t w l l I 2014

7

s o o i ~

HONORABLE PAUL A. CROTTYUNITED STATES DISTRICT JU DGE



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xhibit



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Case 1:11-cr-00062-PAC Document 45 6 -1 Filed 01/0 5/ 6 Pag e 22 of 25Case 1:11-cr-00062-PAC Document 454 F i d 12 /18/15 Page 1 of 4

PREET BHARARAU n i t e d S t a t e s A t t o r n e y f o r t h eS o u t h e r n D i s t r i c t o f New YorkB y : HOWARD S. MASTER

A s s i s t a n t U n i t e d S t a t e s A t t o r n e yOne S t . Andrew s P l a z aNew York , New York 10007T e l . 212) 637-2248

UNITED STATES DISTRICT COURTSOUTHERN DI S TRIC T OF NEW YORK

--- ------- --- -- ----- - ---------x

UNITED STATES OF AMERICA ,

- v -

DAV ID LEVY , e t a l .

D e f e n d a n t s .-------- - ------- ------- --- ---- x

DECLARATI ON OF PUBLICATION

SS 11 Cr. 62 (PAC)

I HOWARDS. MASTER , p u r s u a n t t o T i t l e 28 , U n i t e d S t a t e s

Code, S e c t i o n 1746 , h e r e b y d e c l a r e u n d e r p e n a l t y o f p e r j u r y , t ha t :

1 . I am an A ss i s t a n t U n i t e d S t a t e s A t t o r n e y i n t h e o f f i c e

o f t h e Un i t e d S t a t e s A t t o r n e y f o r t h e Sou thc:: rn Di s t r i c t o f New York;

2 . A t t a c h e d t o t h i s d e c l a r a t i o n a r e 1) a t r u e and

c o r r e c t copy o f a n o t i c e o f c r i m i n a l f o r f e i tur.e i n t h i s a c t i o n and 2)

a t r u e and c o r r e c t copy o f an A d v e r t i s e m e n l C e r t i f i c a on Repor t ,

i n d i c a t i n g t h a t t h e a f oreme n t i o n e d n o t i c e was po s t e d on an o f f i c i a l

governmen t i n t e r n e t s i t e www . f o r f e i t u r e . gov) f o r a t l e a s t 30

c o n s e c u t i v e days , b e g i n n i n g on December 23, 2014 a s r e q u i r e d by Ru l e

G ( 4) a) ( v) ( i o f t h e S u p p l e m e n t a l Rules f o r A d m i r a l t y o r M a r i t i me

~ a i m sand A s s e t F o r f e i t u r e A c t i o n s ; and



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Case 1:11 cr 00062 PAC Document 456 1 Filed 01/05/ 6 Page 2 3 of 25Case 1:11 cr 00062 PAC Docu men t 45 4 Filed 12 /18/15 Page 2 of 4

3 Both o f t h e documents were o b t a i n e d from a

C o n s o l i d a t e d A s s e t · Tr a c k i n g System m a i r. t a i n e d by t h e Department o f

J u s t i c e

Dated : New Yo r k New YorkDecember 1 8 2015

I s

HOW RD S M STER

A s s i s t a n t U n i t e d S t a t e s A t t o r n e y



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UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF NEW YORK

COURT CASE NUMBER : 55 11 CR 62 (PAC); NOTICE OF FORFEITURE

Notice is hereby given that on January 24 , 2014 , in the case of U.S. v. DavidLevy et al, Court Case Number S5 11 CR 62 (PAC), the United States District Court forthe Southern District of New York entered an Order condemn ing and forfeiting thefollowing property to the United States of America:

All funds on deposit in Account Number 0359823564, held in the name of DMLMarket ing Corp. , at Bank United ; (14-DEA-606592)

All funds in Account Number 01506010885 held in the name of Bluefin F inancialGroup , at Capital Bank , Pa nama (14-DEA-606594)

All funds in Account Number 01122000037 held in the name o f Udino Investment,Inc ., at Capital Bank ;(14-DEA-606596)

The United States hereby gives notice of its intent to dispose of the forfeitedproperty in such manne r as the United States Attorney General may d irect. Anyperson , other than the defendant(s) in this case , claiming interest in the forfeitedproperty must file a Petition within 60 days o f the first date of publication (Decembe r 23 ,20 14 of this Notice on th is official government internet web site , pursuant to Rule 32.2of the Federal Rules of Criminal Procedure and 21 U.S .C. 853(n)(1 . The petit ionmust be filed with the Clerk of the Court , United States District Court , 500 Pearl Street,Room 120, New York , NY 1 0007 , and a copy served upon Assis ta nt United Sta tesAttorney Andrew Goldstein, One St. Andrew s Plaza , New York , NY 10007. Thepetition shall be signed by the pet it ioner under penalty of perjury and shall se t forth thenat ure and extent of the petitioner s right , title or interes t in the forfeited property , t hetime and circumstances of the petitioner s acquisition of the right, title and interest in theforfeited property and any additional facts supporting the peti tioner s claim and the relief

sought, pursuant to 21 U.S .C. 853(n) .

Following the Court s disposition of all petitions filed , or if no such petitions arefiled , following the expiration of the period spec ified above fo r the filing of suchpetit ions, the Un ite d States shall have clear title to the property and may warrant goodtitle to any subsequent purchaser or transferee .



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Advertisement Certification Report

The Not ice of Pub lication was available on the www.forfeiture.gov we b site for at least 18 hours per daybe tween Dec ember 23, 2014 and Janu ar y 21, 2015 . Below is a summary repo rt that identifies t he uptimefo r each day within the pub lication period and reports the resul ts of the web mon itoring system 's da ilycheck that ve rifies that the advertiseme nt was avai lable eac h day .

U. S . v Dav id Levy et a l

Court Case No: S5 11 CR 62 (P AC)For Asset ID{s): See At ta ched Advert isemen t Copy

. CotlSecutive Date d v ~ r t l s e m e n t· .. · · ·Total o u ~ W e b i t e V ~ r i f l c a t l o nthatC a l et •

usa v. fernandez et al doc 457 filed 06 jan 16.pdf

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