USA v. HandMOTION for Forfeiture of PropertyD. Mass.June 6, 2018UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA ) ) v. ) Criminal No. 16-10202-WGY ) ADAM HAND, ) Defendant. ) UNITED STATES’ MOTION FOR ORDER OF FORFEITURE (MONEY JUDGMENT) The United States of America, by its attorney, Andrew E. Lelling, United States Attorney for the District of Massachusetts, respectfully moves this Court for the issuance of an Order of Forfeiture (Money Judgment) in the above-captioned case pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), and Rule 32.2(b) of the Federal Rules of Criminal Procedure. A proposed Order of Forfeiture is submitted herewith. In support thereof, the United States sets forth the following: 1. On July 11, 2016, the United States Attorney for the District of Massachusetts filed a one-count Information charging defendant Adam Hand (the “Defendant”), with Conspiracy, in violation of 18 U.S.C. § 371 (Count One). 2. The Information also contained a forfeiture allegation, pursuant to 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 2461(c), which provided notice that the United States sought the forfeiture, upon conviction of the Defendant of the offense alleged in Count One of the Information, of any property, real or personal, which constitutes or is derived from proceeds traceable to such offense. The property to be forfeited includes, but is not limited to, the following assets: a. a sum of money equal to the total amount of proceeds obtained as a result of the offense, not less than $139,060 in United States currency, which may be entered in the form of a money judgment. Case 1:16-cr-10202-WGY Document 33 Filed 06/06/18 Page 1 of 4 2 3. 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, the United States is entitled to seek forfeiture of any other property of the Defendant, up to the value of such assets, pursuant to 28 U.S.C. § 2461(c) incorporating 21 U.S.C. § 853(p). 4. On July 14, 2016, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Defendant pleaded guilty to Count One of the Information, pursuant to a written plea agreement that he signed on June 30, 2016. See Docket No. 2. In Section 9 of the plea agreement, the Defendant agreed to forfeit to the United States not less than $139,060 in United States currency on the grounds that such amount constitutes, or is derived from, proceed traceable to the offense as a result of his guilty plea. Id. at 6. 5. Based on the Defendant’s admissions in the written plea agreement and his guilty plea on July 14, 2016, the United States is entitled to an Order of Forfeiture consisting of a personal money judgment against the Defendant, in the amount of $139,060 in United States currency, pursuant to 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 2461(c). This amount represents the proceeds of the Defendant=s crimes. 6. The entry of an Order of Forfeiture in the form of a personal money judgment is specifically authorized by Rule 32.2(b)(1) and (c)(1) of the Federal Rules of Criminal Procedure, and such orders of forfeiture are commonplace. See, e.g., United States v. Hall, 434 F.3d 42, 59 (1st Cir. 2006) (criminal forfeiture order may take several forms, including an in personam judgment against defendant for amount of money defendant obtained as proceeds of offense). Case 1:16-cr-10202-WGY Document 33 Filed 06/06/18 Page 2 of 4 3 7. Once the Order of Forfeiture is entered, the United States may move at any time, pursuant to Rule 32.2(e)(1)(B), to amend the Order to forfeit specific property of the Defendant, having a value up to the amount of the money judgment. See United States v. Saccoccia, 564 F.3d 502, 506-507 (1st Cir. 2009) (once government obtains money judgment, it may move at any time to forfeit direct or substitute assets in partial satisfaction of that judgment). 8. Upon entry of the Order of Forfeiture, the United States may also, pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, “conduct any discovery the court considers proper in identifying, locating or disposing of the property” that has been forfeited to the United States. Such discovery may include the taking of depositions of witnesses. See 21 U.S.C. § 853(m) and 28 U.S.C. § 2461(c) (making Section 853 applicable to all criminal forfeiture cases); see also United States v. Saccoccia, 898 F. Supp. 53, 60 (D.R.I. 1995) (the United States can take depositions of defense counsel to determine source of their fees for the purpose of locating a pool of assets controlled by defendant that is subject to forfeiture). In addition, the reference in Rule 32.2(b)(3) to “any discovery the court considers proper” necessarily permits the court to authorize discovery under the Federal Rules of Civil Procedure. Such discovery includes, but is not limited to, the authority to issue a request for documents to a party under Rule 34 and to a non-party under Rules 34(c) and 45. WHEREFORE, the United States requests that this Court: (a) enter the Order of Forfeiture (Money Judgment) in the form submitted herewith; (b) retain jurisdiction for the purpose of enforcing the Order of Forfeiture (Money Judgment); (c) include the forfeiture, as set forth in the Order of Forfeiture (Money Judgment), in Case 1:16-cr-10202-WGY Document 33 Filed 06/06/18 Page 3 of 4 4 the oral pronouncement of the Defendant’s sentence; and (d) incorporate the Order of Forfeiture (Money Judgment) in the criminal judgment(s) entered against the Defendant, pursuant to Federal Rule of Criminal Procedure 32.2(b)(4). Respectfully submitted, ANDREW E. LELLING United States Attorney By: /s/ David G. Lazarus ANDREW J. PALID DAVID G. LAZARUS, B.B.O # 624907 Assistant United States Attorneys U.S. Attorney=s Office 1 Courthouse Way, Suite 9200 Boston, MA 02210 (617) 748-3100 Dated: June 6, 2018 david.lazarus2@usdoj.gov CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion for Order of Forfeiture (Money Judgment), as well as the proposed Order of Forfeiture (Money Judgment), were filed through the Electronic Case Filing system and will be sent electronically to the registered participants as identified on the Notice of Electronic Filing. /s/ David G. Lazarus DAVID G. LAZARUS Dated: June 6, 2018 Assistant U.S. Attorney Case 1:16-cr-10202-WGY Document 33 Filed 06/06/18 Page 4 of 4
