USA v. Winick Et Al Doc 370 Filed 26 Feb 16

8/20/2019 USA v. Winick Et Al Doc 370 Filed 26 Feb 16

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Case 1:13 cr 00452 ENV Document 291 1 Filed 10/08/15 Page of6 PagelD #: 1447

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

------------------------------X

UNITED STATES OF AMERICA

- against-

SANDY WINICK,

Defendant.

------------------------------X

B R O O l \ L Y ~

OFFICt:

WHEREAS, on

or

about July 17, 2015, the defendant, Sandy Winick, pied guilty

to Count Three

o

the above-captioned second superseding indictment, charging a violation o

8

U.S.C. § 1349; and

WHEREAS, pursuant to

8

U.S.C.

§

981(a)(l)(C) and 28 U.S.C.

§

2461(c),

Defendant has consented and agreed to the entry o a forfeiture money judgment

in

the amount

o

$5,000,000.00 (the Forfeiture Money Judgment ), as property constituting or derived from

proceeds obtained directly

or

indirectly as a result

o

Defendant's violation

o

8

U.S.C.

§

1349

and/or pursuant to

2

U.S.C.

§

853(p) as substitute assets.

WHEREAS, Defendant has consented to the forfeiture o all right, title, and

interest

in

approximately $616,359.41

in

United States currency seized on or about August 21,

2013 from Oppenheimer & Company, Inc. account number 051-142636,

in

the name o WWCG

Inc., and all proceeds traceable thereto, and all right, title, and interest

in

the following assets

which were seized from the Empire Place Building, Room 88/485, Yannawa District Bangkok,

Thailand on

or

about September 5, 2013 (collectively the Forfeited Assets ), pursuant to

8

U.S.C. § 98l(a)(l)(C) and 28 U.S.C.

§

246l(c), as property constituting

or

derived from

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proceeds obtained directly or indirectly as a result

of

Defendant's violation

of

18 U.S.C. § 1349

and/or pursuant to

21

U.S.C. § 853(p) as substitute assets:

1.

$7,548.00

in

United States currency, more or less;

2. 20,810 Thai Baht, more or less;

3. 170 Canadian dollars, more or less;

4. 695 Euros, more or less;

5 120 British pounds, more or less;

6.

37 Singapore dollars, more or less;

7. 1,580 Hong Kong dollars, more or less; and

8. 4 100 Chinese Yuan, more or less.

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND

DECREED, on consent, by and between the United States and Defendant as follows:

1. Defendant shall forfeit to the United States the

full

amount of the Forfeiture

Money Judgment, pursuant to

18

U.S.C. § 98l(a)(l)(C),

28

U.S.C. § 246l(c), and 21 U.S.C.

§ 853(p).

2. Defendant shall forfeit to the United States all right, title, and interest

in

the

Forfeited Assets, pursuant to 18 U.S.C. § 98I(a)(l)(C), 28 U.S.C. § 246l(c), and

21

U.S.C.

§ 853(p).

3. All payments made toward the Forfeiture Money Judgment shall

be

made by

certified or bank check, payable to United States Marshals Service, with the criminal docket

number noted on the face

of

the check. Defendant shall cause said check to

be

sent by overnight

mail delivery to Assistant United States Attorney Melanie

D.

Hendry, United States Attorney's

Office, Eastern District

of

New York, 271 Cadman Plaza East, Brooklyn, New York 11201. The

2




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Forfeiture Money Judgment shall be paid

in

full or on before Defendanfs sentencing (the Due

Date,,).

f

he Forfeiture Money Judgment

is

not paid

in

full on

or

before the Due Date, interest

on the Forfeiture Money Judgment shall accrue at the judgment rate

o

interest from the Due

Date.

4

Defendant shall fully assist the Government in effectuating the payment o the

Forfeiture Money Judgment

to

the United States and shall take whatever steps are necessary to

ensure that clear title to the Forfeited Assets passes to the United States, including, but not

limited to, the execution o any documents necessary to effectuate the entry and payment o the

Forfeiture Money Judgment and the surrender and forfeiture

o

he Forfeited Assets to the United

States. Defendant shall not file or interpose any claim or assist others to file or interpose any

claim to any

o

the monies and/or properties forfeited hereunder in any administrative or judicial

proceeding. f forfeiture

is

not received as provided above, Defendant shall forfeit any other

property up to the value o the Forfeiture Money Judgment and the Forfeited Assets, pursuant to

21

U.S.C. § 853(p), the Federal Debt Collection Procedures Act, and any other applicable law.

5

Defendant knowingly and voluntarily waives his right to any required notice

concerning the forfeiture o the monies and/or properties forfeited hereunder, including notice set

forth in an indictment

or

information.

In

addition, Defendant knowingly and voluntarily waives

his right,

i

any,

to

a jury trial on the forfeiture

o

the Forfeited Assets and the entry

o

the

Forfeiture Money Judgment, waives all constitutional, legal and equitable defenses to the

forfeiture o same, including, but not limited to, any defenses based on principles

o

double

jeopardy, the Ex Post Facto clause o the United States Constitution, any applicable statute

o

limitations, venue, or any defense under the Eighth Amendment, including a claim o excessive

fines. The forfeiture

o

the Forfeited Assets and the entry and payment

o

the Forfeiture Money

3




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Judgment are not to be considered payments o fines, restitution loss amounts, penalties, or o

any income

truces

that may be due, and shall survive bankruptcy.

6

Upon entry

o

this Order, the United States Attorney General or her designee is

authorized to seize the Forfeited Assets, to conduct any proper discovery,

in

accordance with

Fed. R. Crim.

P

32.2(b)(3) and (c), and to commence any applicable proceedings to comply with

statutes governing third-party rights, including giving notice o this Order. The United States

alone shall have clear title

to

the Forfeited Assets identified above following the Court's

disposition o all third-party interests, or, i none, following the expiration o the period provided

in

21

U.S.C.

§

853(n)(2). The United States alone shall hold title to the monies paid by

Defendant to satisfy the Forfeiture Money Judgment following the Court's entry

o

the judgment

o conviction.

7

The United States shall publish notice o this Order in accordance with the custom

and practice

in

this district on the government website, www.forfeiture.gov, and

o

its intent to

dispose o the Forfeited Assets

in

such a manner as the Attorney General

or

her designee may

direct. The United States may, to the extent practicable, provide direct written notice to any

person known

or

alleged to have an interest in the Forfeited Assets as a substitute for published

notice as to those persons so notified.

8 Any person, other than Defendant, asserting a legal interest

in

the Forfeited Assets

may, within thirty (30) days o the final publication

o

notice or receipt

o

notice,

or

no later than

sixty (60) days after the first day

o

publication on an official internet government forfeiture site,

whichever

is

earlier, petition the court for a hearing without a jury

to

adjudicate the validity o

his

or

her alleged interest in the property, and for an amendment

o

the order o forfeiture,

pursuant to

2

U.S.C.

§

853(n)(6). Any petition filed in response to notice o the forfeiture o

4






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13

The Clerk o the Court is directed to send, by inter-office mail, four certified

copies

o

this executed Order to Assistant United States Attorney Melanie D. Hendry, United

States Attorney's Qffice, Eastern District

o

New York, 271 Cadman Plaza East, Brooklyn, New

York 11201.

Dated: Brooklyn, New York

HONORABLE ERIC N.

VITALIANO

UNITED STATES DISTRICT JUDGE

EASTERN DISTRICT OF NEW YORK

6




Case 1:13-cr-00452-ENV Document 291 Filed 10/08/15 Page 1 of 1 PagelD

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SLR:BGK:MDH

ELECTRONICALLY FILED

Honorable Eric N. Vitaliano

United States District Judge

Eastern District

o

New York

225 Cadman Plaza East

Brooklyn, New York 11201

U.S. Department

o

Justice

United States ttorney

Eastern District

o

New

York

27I Cadman Plaza East

Brooklyn

New

York 11201

October 8, 2015

Re:

United States v. Sandy

Winick

Criminal Docket No. 13-452 (ENVl

Dear Judge Vitaliano:

Enclosed please find a proposed Amended Order o Forfeiture (the Amended Ordern)

for the Court's consideration and approval in the above-referenced matter. On July 28, 2015, the

government submitted a proposed Order

o

Forfeiture (Dkt. No. 221). That order has not yet

been entered by the Court. The Amended Order is identical to the previously submitted

proposed order with the exception

o an

additional asset, namely approximately $616,359.41

seized from Oppenheimer & Company Inc. account number 051-1426236. The defendant,

Sandy Winick, has agreed to the terms

o the Amended Order.

The government respectfully requests that at the defendant's sentencing, the Amended

Order be orally pronounced and included and attached to the Judgment o Conviction pursuant to

Fed.

R

Crim. P 32.2(b)(4).

Enc.

Thank you for Your Honor's consideration o this submission.

Respectfully submitted,

KELLY T. CURRIE

Acting United States Attorney

By:

/s/

Melanie D. Hendry

Assistant U.S. Attorney

(718) 254-6040


Documents

USA v. Winick Et Al Doc 370 Filed 26 Feb 16