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Case 1:11-cr-00062-PAC Document 457 Filed 01/06/16 Page 1 of 25

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

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK
X

FINAL ORDER OF FORFEITURE

UNITED STATES OF AMERICA

SS 11 Cr. 62 (PAC)
--=.::::..::=.::;.:: __7------==.:::::-..:: I

- v.-

USDC SDNY

DAVID LEVY, and


DONNA LEVY,

DOCUl\IIENT
I ELECTRONICALLY FILED
Defendants.

- - - - - - - - - - - - - - - - - - - - - - - --- ---- --

DOC#: - - - -

!!_!?~~,TE FILED:..-.~~~-l_fod!
-
~,-.-~-------

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"), with conspiracy to commit
securities and wire fraud, in violation of Title 18, United States Code, Section 371 (Count One); securities
fraud in violation ofTitle IS, United States Code, Sections 78j(b) & 78ff, Title 17, Code of Federal
Regulations, Sections 240.1 Ob-5 and 240.1 ObS-2, and Title 18, United States Code, Section 2 (Counts
Two through Four); and conspiracy to commit money laundering in violation of Title 18, United States
Code, Section 1956(h) (Count Five);
WHEREAS, on or about June 28, 2013, DONNA LEVY (DONNA LEVY and DAVID
l .EVY , together, are the "defendants") among others, was charged in the indictment, with conspiracy to
commit securities and wire fraud, in violation ofTitle 18, United States Code, Section 371 (Counts One
and Six); and securities fraud in violation ofTitle IS, United States Code, Sections 78j(b) & 78ff, T itle
17, Code of Federal Regulations, Sections 240.10b-S and 240.10bS-2, and Title 18, United States Code,
Section 2 (Counts Two and Three and Seven through Eleven);

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


the United States, pursuant to Title 21, United States Code, Section 853, of any and all property
constituting or derived from any proceeds obtained directly or indirectly as a result of the offense

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case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 2 of 25

and any and all propet1y used or intended to be used in any manner or part to commit or to
facilitate 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 representing the amount of proceeds obtained as a
result of the offenses alleged in Counts one through Four and Six through
Eleven ofthe Indi ctment; and

b)

The real property and appurtenances, with all improvements and


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

WHEREAS, the Indictment included a forfeiture allegation, 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 derived
from proceeds traceable 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 following:
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
result of the offenses alleged in Counts Five and Twelve of the
Indictment; and

b)

The real property and appurtenances, with all improvements and


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

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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 alleged in the
Forfeiture Allegations and/or 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 (ii) as a result of the:: offense
described in Count Five of the Indictment, as alleged in the Forfeiture allegations and/or the
Substitute Assets provisions in the Indictment, includes but is not limited to, the interests of
DONNA LEVY and DAVID LEVY, the defendants, in Account Number 01122000037 held in
the name of Udino Investment, Inc., at Capital Bank, Panama (the "Udino Account") and the
interests of DONNA LEVY and DAVID LEVY, the defendants, in Account Number
0 1506010885 held in the name ofBluefm Financial Group, at Capital Bank, Panama (the
"Bluefin Account") (the DML Marketing 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 jury trial before Judge Paul A. Crotty on each and every count of the Indictment with
which they were respectively charged;
WHEREAS, on or about January 28, 2014, this Court entered a Prel iminary Order
of Forfeiture/Money Judgment against DAVID LEVY (i) imposing a Money Judgment of
$12,008,03 7 in United States currency against the defendant; and (ii) forfeiting all of his right,
title and interest in, among other items, the Subject Property;

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WHEREAS, on or about March 18, 20 14, this Court entered a Preliminary Order
of Forfeiture/Money Judgment against DONNA LEVY (i) imposing a Money Judgment of
$5,047,576 in United States currency against the defendant; and (ii) forfeiting all of his right,
title and interest in, among other items, the Subject Property (the Preliminary Orders of
Forfeiture/Money Judgments entered against the Defendants are attached hereto as Exhibit A);
WHEREAS, notice of forfeiture was posted on an official Government Internet
site (www.forfeiture.gov) for at least 30 consecutive days, beginning on December 23, 2014, as
required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admira~ty or Maritime 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 hereto as Exhibit B);
WHEREAS, on or about September 4, 2015 , letter notice was also mailed by
ce1tified mail, return receipt requested, to Bluefin Financial Group, c/o Joseph Saranello; Udino
Investment, Inc., c/o Joseph Saranello; and DML Marketing Corp ., c/o Donna Levy;
WHEREAS, the Government 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 clear
title to any forfeited property if no petitions for a hearing to contest the forfeiture have been filed
within thirty (30) days of final publication of notice of the forfeiture 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 publication of notice and the
receipt ofletter notices and no petitions have been tiled to contest the forfeiture of the Subject
Property;

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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 Assistant 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 10007.
Dated: New York, New York

~ t;J

2016

SO ORDERED:

HONORABLE PAULA. CROTTY


UNITED STATES DISTRICT JUDGE

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Case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 6 of 25

Exhibit A

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Case 1:11-cr-00062-PAC Document 350 Filed 01 /28/14 Page 1 of 7

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UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK

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PRELJMU\ARY ORDER OF
FORFEITURE/MONEY JUDGMENT

UNITED STATES OF AMERICA

ii

,,

- v. SS 11 Cr. 62 (PAC)
DAVID LEVY,
Defendant.
------ - ------- - --- -

WHEREAS, on or about June 28, 2013, DAVID LEVY (the "defendant"), among
others, was charged in a Twelve Count Superseding Indictment, SS I 1 Cr. 62 (PAC) (the
"Indictment"), with conspiracy to commit securities and wire fraud, in violation of Title 18,
United Sta.tes Code, Section 3 71 (Count One); securities fraud in violation of Title 15, United
States Code, Sections 78j(b) & 78ff, Title 17, Code of Federal Regulations, Sections 240.1 Ob-5
and 240. I Ob5-2, and Title 18, United States Code, Section 2 (Counts Two through Four); and
conspiracy to commit money laundering in violation of Title 18, United States Code, Section
1956(h) (Count Five);
WHEREAS, the Indictment included a forfeiture allegation, seeking forfeiture to
the United States, pursuant to Title 2 1, United States Code, Section 853, of any and all property
constituting or derived from any proceeds obtained directly or indirectly as a result of the offense
and any and all property used or intended to be used in any manner or pa1t to commit 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, including 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
result 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. 23rd Court, Fort Lauderdale, Florida 33305.

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


the United States, pursuant to Title 18, United States Code, Section 981 (a)( I )(C) and Title 28,
United States Code, Section 2461, of all property, real and personal, that constitutes or is derived
from proceeds traceable 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 following:
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
resu lt of the offenses alleged in Counts one through Four and Six through
Eleven 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 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 ofthe Indictment, as alleged in the
Forfeiture Allegations and/or the Substitute Assets Provisions in the Indictment, includes, but is

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not limited to, One 2009 Bentley Continental 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 of DML Marketing
Corp., at BankUnited; an d (ii) as a result ofthe offense described in Count Five of the
Indictment, as alleged in the Forfeiture allegations and/or the Substitute Assets provisions 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 of Udino Investment, Inc., at
Capital Bank, Panama and the interests of DONNA LEVY and DAVID LEVY, the defendants,
in Account Number 01506010885 held in the name of Bluefin Financial Group, at Capital Bank,
Panama (the items described in subsections (i) and (i i) of this paragraph and the Indictment
properties, together, are the "Subject Property");
WHEREAS , on or about March 21,2013, the defendant was found guilty
fol lowing a jury trial before Judge Paul A. Crotty on each and every count of the Indictment with
which he was charged; and
WHEREAS, 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 entitled, pending any
assertion of third-party claims, to reduce the Subject Property to its possession and to notify any
person who reasonably appears to be a potential claimant of its interest therein;
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
I)

As a result ofthe offenses charged in the Ind ictment of which the

defendant was found guilty, a money judgment in the amount of $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 of the offenses charged in the l ndictment, all of the defendant's

right, title and interest in the following Subject Property is hereby forfe ited to the United States
for disposition in accordance with the law, subject to the provisions of Title 21, United States
code, Section 853:
a) The real property and appurtances, with all improvements and
attachments thereon, located at 3 109 N .E. 23rd Court, Fort Lauderdale,
Florida 33305;

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


4VZBT I D958C066518; and

c) One 2009 Bentley Continental automobi le with YIN


SCBBP93W09C06!1 93;
d) all fund s on deposit in Account Number 035 9823564, held in the name
of DML Marketing Corp., at BankUn ited;
e) the interests of DONNA LEVY and DA YID LEVY, the defendants, in
Account Number 01122000037 held in the name of Udino Investment,

Inc., at Capital Bank, Panama; and


f) the interests of DONNA LEVY and DAVID LEVY, the defendants, in

Account Number 01506010885 held in the name of Bluefin Financial


Group, at Capital Bank, Panama
(together, the "Subject Property").

3)

Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure,

upon entry of this Preliminary Order of Forfeiturc!rvloney Judgment, this Prelim inary Order of
Forfeiture/Money Judgment is fi nal as to the defendant, DAVID LEVY, and shall be deemed

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part of the sentence of the defendant, and shall be included in the judgment of conviction
therewith.
4)

Upon entry of this Preliminary Order of Forfeiture/Money Judgment, the

United States Marshals Service (or its designee) is authorized to seize the Subject Prope1ty and
hold the Subject Property in its secure, custody and control. Upon specific written direction by
the United States Marshals Service (or its designee) only, to be provi ded at the sole discretion of
the United 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 Subject
Property by converting the contents to cash; and/or
b.
Transfer the contents of the accounts included in the Subject
Property to the Seized Asset Deposit Fund (to be held pending the
issuance of a Final Order ofF orfeiture ); and/or
c.
provide to the United States Marshals Service (or its designee) any
and aJJ records, including account statements and subsidiary
documentation supporting any transactions listed, fl'Om the time of
restraint pursuant to this Order until the final liquidation of the accounts.
5)

Pursuant to Title 21, United States Code, Section 853(n)(l ), Ru le

32.2(b)(6) of the Federal Rules of Criminal Procedure, and Rules G(4)(n)(iv)(C) and G(5)(a)(ii)
of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the
United States shall publish for at least thirty (30) consecutive days on the official government
internet f~rfeiture site, www.forfeiture.gov, notice of this Prelim inary Order ofForfe iture/~oney
Judgment. Any person, other than the defendant in this case, claiming an interest in the Subject
Property must file a petition within sixty (60) days from the first day of publication ofthe notice
on this official government internet site, or no later than thirty-t1ve (35) days from the mailing of
actual notice, wh ichever is earlier.

,.
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6)

This notice shall state that the petition shall be for a hearing to adjudicate

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 fotih the nature and extent of the petitioner's
right, title and interest in the Subject Property and any additional facts supporting the petitioner's
claim and the relief sought, pursuant to Title 21, United States Code, Section 853(n).
7)

Pursuant to Rule 32.2(b)(6)(A) of the Federal Rules of Criminal

Procedure, the Government shall send notice to any person who reasonably appears to be a
potential claimant with standing to contest the forfeiture in the ancil lary proceedi ng.
8)

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

Orde r of Forfeiture with respect to the Subject Property pursuant to Title 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 cet1itied 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 York, Attn: Asset Porfeiture Unit, One St. Andrew's Plaza, New York, New York 10007,
and shall indicate the defendant's name and case number.
I 0)

Upon execution of this Preliminary Order of Forfe iture/Money Judgment,

and pursuant to Title 21, United States Code, Section 853, the United States Marshals Service (or
its designee) shall be authorized to deposit all payments on the Money Judgment in the Assets
Forfeiture Fund, and the United States shall have clear title to S\tch forfeited 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 Criminal Procedure.
12)

Pursuant to Rule 32.2(b)(3) ofthe Federal Rules of Criminal Procedure,

upon entry of this Preliminary Order of Forfeiture/Money Judgment, the United States Attorney's
Office is authorized to conduct any discovery needed to identifY, locate or dispose offorfeitable
property, including depositions, interrogatories. requests for production of documents and the
issuance of subpoenas, pursuant to Rule 45 ofthc Federal Rules of Civil Procedure .

13)

The Clerk of the Court shall fo1ward

tlm~e

certified copies of this

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


Cohen Levin, Chief of the Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York,
!0007.

Dated:

New Yark, New York


January~( 2014

SO ORDERED:

/~

HONORABLE PAUL A. CROTTY


UNITED STATES DISTRICT JUDGE

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USDC SDNY
E!
UN ITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------- - ----------------

C'J'i\: :: ::C,\LLY FILED

DC ; .. u. - ---- -- X

D_A_TL_
: ~_.;JI_~E_D:=:--~~~-I~Cj~-J~'f~
PRELIMINARY ORDER OF
FORFEITURE/MONEY JUDGMENT

UN ITED STATES OF AMERICA


- v.-

SS I I Cr. 62 (PAC)
DONNA LEVY,
Defendant.
- - - - - - - - - - - -- - - - - -- - - - - - - - - - - -

WHEREAS, on or about June 28, 20 I 2, DONNA LEVY (the "defendant"),


among others, was charged in a Twelve Count Superseding Indictment, S5 I I Cr. 62 (PAC) (the
"Indictment"), with conspiracy to commit securities and wire fraud, in violation of Title 18,
Un ited States Code, Section 371 (Counts One and Six); and securities fraud in vio lation ofTitle
15, United States Code, Sections 78j(b) & 78ff, Title 17, Code of Federal Regu lations, Sections

240.1 Ob-5 and 240.1 Ob5-2, and Title I 8, United States Code, Section 2 (Counts Two and Th ree
and Seven through Eleven);
WHEREAS, the Indictment included a forfeiture allegation, seeking forfeiture to
the United States, pursuant to Title 18, United States Code, Section 981 (a)( I )(C) and Title 28,
UI;Jited States Code, Section 246 1, of any and all property constituting or derived from any
proceeds obtained d irectly or indirectly as a result of the offense and any and all property used or
intended to be used in any manner or part to commit or to facilitate 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 li mited to the following:

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a)

At least$ I 4 million in United States currency, in that such sum in


aggregate is property representing the amount of proceeds obtained as a
result 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. 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 Indictment, as alleged in the
Forfeiture Allegations and/or the Substitute Assets Provisions in the Indictment, includes, but is
not limited to, One 2009 Bentley Continental automobile with VJN SCBBP93W09C061193,
One 2008 Fleetwood Revolution LE Class A Motor Ho me with VJN 4VZBTI D958C066518;
and all funds on deposit in Account Number 0359823564, held in the name of DML Marketing
Corp., at BankUnited; and (ii) as a result of the offense described in Count Five of the
Indictment, as alleged in the Forfeiture allegations and/or the Substitute Assets provisions in the
Indictment, includes but is not limited to, the interests of DONNA LEVY and DAVID LEVY,
the defendants, in Account Number 01122000037 held in the name ofUdino Investment, Inc., at
Capital Bank, Panama and the interests of DONNA LEVY and DAVID LEVY, the defendants,
in Account Number 01506010885 held in the name ofBiudin Financial Group, at Capital Bank,
Panama (the items described in subsections (i) and (ii) of this paragraph and the Indictment
properties, together, are the "Subject Property");

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


following a jury trial before Judge Paul A. Crotty on each and every count ofthe Indictment with
which she was charged; and
WHEREAS, 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 entitled, pending any
assertion of third -party claims, to reduce the Subject Property to its possession and to notify any
person who reasonably appears to be a potential claimant of its interest therein;
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

I)

As a result of the offenses charged in the Indictment, of which the

defendant was found guilty, a money judgment in the amount of $5,047,576 in United States
currency (the "Money Judgment") shall be e ntered against the defendant.
2)

As a result of the offenses charged in the Indictment, all of the defendant's

right, title and interest in the following Subject Property is hereby forfeited to the United States
for disposition in accordance with the law, subject to the provisions of Title 21, United States
code, Section 853:
a) The real property and appurtances, with all improvements and
attachments thereon, located at31 09 N .E. 23rd Court, Fort Lauderdale,
Florida 33305 (the "Levy Residence");
b) One 2008 Fleetwood Revoluti on LE C lass A Motor Home with YIN
4VZBTID958C066518;
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 ofDONNA LEVY and DAViD LEVY, the defendants, in
Account Number 01122000037 held in the name of Udino Investment,
Jnc., at Capital Bank, Panama; and
f)

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


Account Number 01506010885 he ld in the name of Bluefin Financial
Group, at Capital Bank, Panama

(together, the "Subject Property"), it being understood that forfeiture of the Levy Residence does
not include forfeiture of the Levys' personal property inside the Levy Residence, including
personal items (clothing, silverware, etc.) and furniture not attached to, or a fixed part of, the
Levy Residence, and that Donna Levy will he p,ennitted to remove personal property from the
Levy Residence.
3)

Pursuant to Rule 32.2(b)(4) of the fede ral Rules of Criminal Procedure,

upon entry of this Preliminary Order of Forfeiture/Money Jud gment, this Preliminary Order of
Forfeiture/Money Judgment is final as to the defendant, DONNA LEVY and shall be deemed
part of the sentence of the defendant, and shall be included in the judgment of conviction
therewith.
4)

Upon entry of this Preliminary Order of Forfeiture/Money Judgment, the

United States Marshals Service (or its designee) is authorized to seize the Subject Property and
hold the Subject Property in its secure, custody and control. Upon specific written direction by
the United States Marshals Service (or its designee) only, to be provided at the sole discretion of

Case 1:11-cr-00062-PAC Document 457 Filed 01/06/16 Page 18 of 25


Case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 18 of 25
Case 1:11-cr-00062-PAC Document 369 Filed 03/18/14 Page 5 of 7

the United States Marshals Service (or its designee), BankUnited, N.A. and Capital Bank,
Panama, must:
a.
Liquidate some or all of the accounts included in the Subject
Property by converting the contents to cash; and/or
b.
Transfer the contents of the accounts included in the Subject
Property to the Seized Asset Deposit Fund (to be held pending the
issuance of a Final Order of Forfeiture); and/or
c.
provide to the United States Marshals Service (or its designee) any
and all records, including account statements and subsidiary
documentation supporting any transactions listed, from the time of
restraint pursuant to this Order until the final liquidation of the accounts.

5)

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

32.2(b)(6) of the Federal Rules of Criminal Procedure, and Ru les G(4)(a)(iv)(C) and G(S)(a)(ii)
of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the
United States shall publish for at least thirty (30) consecutive days on the official government
internet forfeiture site, www.forfeiture.gov, notice of this Preliminary Order of Forfeiture/Money
Judgment. Any person, other than the defendant in this case, claiming an interest in the Subject
Properties must file a petition within sixty (60) days from the first day o f publication of the
notice on this official government internet site, or no later than thi rty-five (35) days from the
mailing of actual notice, whichever is earlier.
6)

This notice shall state that the petition shall be for a hearing to adjudicate

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 nature and extent oft~e petitioner's
right, title and interest in the Subject Property and any additional facts supporting the petitioner's
claim and the relief sought, pursuant to Title 21, United States Code, Section 853(n).

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case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 19 of 25
Case 1:11-cr-00062-PAC Docume nt 369 Filed 03/18/14

7)

Page 6 of 7

Pursuant to Rule 32.2(b)(6)(A) of the Federal Rules of Criminal

Procedure, the Government shall send notice to any person who reasonably appears to be a
potential c laimant with standing to contest the forfeiture in t he anc illary proceeding.
8)

Upon adjudication of all third-party interests, this Court will enter a Final

Order of Forfeiture with respect to the Subject Property pursuant to Title 2 1, United States Code,
Section 853(n) and Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure, in which all
th ird- party interests will be addressed .
9)

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

money order, bank or certified check, made payable, in thi s instance, to the United States
Marshals Servic e, and delivere d by mail to the United States Attorney's Office, Southern District
ofNew York, Attn: Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007,
and shall indicate the defendant's name and case number.
I 0)

U pon execution of this Preliminary Order of Forfeiture/Money Judgment,

and pursuant to Title 2 1, United States Code, Section 853, the United States Marsha ls Service (or
its designee) shall be authorized to deposit all payments on the Money Judgment in the Assets
Forfeiture Fund, and the United States shall have clear tit!~; lo such forfeited property.
II )

The Court shall retain jurisdiction to enforce this Prelim inary Order of

Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32 .2 of the Fe der al


Rules of Criminal Procedure.
12)

Pursuant to Rule 32.2(b)(3) of the Federa l Ru les of Criminal Procedure,

upon entry of this Preliminary Order of Forfeiture/Money Judgment, the United States Attorney's
Office is authorized to conduct any discovery needed to identify, locate or dispose of forfe itable

.. .

- -;

. ... . ------------- .. ---

- - - ~

--- . .

--------

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Case 1:11-cr-00062-PAC Document 369 Filed 03118114 Page 7 of 7

property, including depositions, interrogatories, requests for production of documents and the
issuance of subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure.
I 3)

The Clerk of the Court shall forward three certi fi ed copies o f this

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


Cohen Levin, Chief of the Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York,
10007.
Dated:

New York, New York


/Y/twll I(
, 2014

sooie~
HONORABLE PAUL A. CROTTY
UNITED STATES DISTRICT JU DGE

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Case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 21 of 25

Exhibit B

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Case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 22 of 25
Case 1:11-cr-00062-PAC Document 454 Filed 12/18/15 Page 1 of 4

PREET BHARARA
United States Attorney for the
Southern District of New York
By : HOWARD S. MASTER
Assistant United States Attorney
One St . Andrew's Plaza
New York , New York 10007
Tel . (212) 637-2248

''

'i

UNITED STATES DISTRICT COURT


SOUTHERN DIS TRICT OF NEW YORK

'
i~

------------------------------x
UNITED STATES OF AMERICA ,
DECLARATI ON OF PUBLICATION

- vSS 11 Cr. 62

(PAC)

DAV ID LEVY , et al .,
Defendants .

--------- ---------------------x
I, HOWARDS. MASTER , pursuant to Title 28 , United States
Code, Section 1746 , hereby declare under penalty of perjury , t ha t :
1.

I am an Ass istant United States Attorney in the office

of the Un i ted States Attorney for the Southc:: rn Di strict of New York;
2.

Attached to this declarat ion are (1) a true and

corr e ct copy of a notice of criminal forf ei tur.e in this action, and (2)
a true and correct copy of an Advertisemenl Certifica ti on Report,
indicating that the aforeme ntioned notice was po s ted on an official
government internet s i te (www . forfeiture . gov) for at least 30
consecu tiv e days, beginning on December 23, 2014 as required by Ru le
G ( 4) (a) ( i v) ( Ci o f the Supplemental Rules for Admiralty or Marit i me
C~aims

and Asset Forfeiture Actions ; and

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Case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 23 of 25
Case 1:11-cr-00062-PAC Document 454 Filed 12/18/15 Page 2 of 4

3.

Both of the documents were obtained from a

Consolida ted AssetTracking System mair.tained by the Department of


Justice.

Dated :

New York, New York


December 18, 2015

Is/
HOWARD S . MASTER
Assistant United St ates Attorney

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Case 1:11-cr-00062-PAC Document 456-1 Filed 01/05/16 Page 24 of 25
Case 1:11-cr-00062-PAC Document 454 Filed 12/18/15 Page 3 of 4
UNITED STATES DISTRICT COURT
FOR 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. David
Levy et al, Court Case Number S5 11 CR 62 (PAC), the United States District Court for
the Southern District of New York entered an Order condemn ing and forfeiting the
following property to the United States of America:
All funds on deposit in Account Number 0359823564, held in the name of DML
Marketing Corp. , at Bank United; (14-DEA-606592)
All funds in Account Number 01506010885 held in the name of Bluefin Financial
Group, at Capital Bank, Pa nama (14-DEA-606594)
All funds in Account Number 01122000037 held in the name of Udino Investment,
Inc., at Capital Bank;(14-DEA-606596)
The United States hereby gives notice of its intent to dispose of the forfeited
property in such manner as the United States Attorney General may direct. Any
person, other than the defendant(s) in this case , claiming interest in the forfeited
property must file a Petition within 60 days of the first date of publication (Decembe r 23,
2014) of this Notice on th is official government internet web site, pursuant to Rule 32.2
of the Federal Rules of Criminal Procedure and 21 U.S.C. 853(n)(1 ). The petition
must be filed with the Clerk of the Court, United States District Court, 500 Pearl Street,
Room 120, New York, NY 10007, and a copy served upon Assistant United States
Attorney Andrew Goldstein, One St. Andrew's Plaza, New York, NY 10007. The
petition shall be signed by the petitioner under penalty of perjury and shall set forth the
nature and extent of the petitioner's right, title or interest in the forfeited property, the
time and circumstances of the petitioner's acquisition of the right, title and interest in the
forfeited property and any additional facts supporting the petitioner'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 are
filed , following the expiration of the period specified above for the filing of such
petitions, the United States shall have clear title to the property and may warrant good
title to any subsequent purchaser or transferee .

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Case 1:11-cr-00062-PAC Document 454 Filed 12/18/15 Page 4 of 4
Advertisement Certification Report

The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day
between December 23, 2014 and January 21, 2015. Below is a summary report that identifies the uptime
for each day within the publication period and reports the results of the web monitoring system's daily
check that verifies that the advertisement was available each day.
U.S. v. David Levy et al
Court Case No:
For Asset ID{s):

S5 11 CR 62 (PAC)
See Attached Advertisement Copy

V~riflcatlon that
. . Advert\~einent
:

:.~xl~t~d
.
o
rl
W~b
Site
. '
12/23/2014
24.0
Verified
1
12/24/2014
23.9
Verified
2
12/25/2014
24.0
Verified
3
24.0
12/26/2014
Verified
4
24.0
12/27/2014
Venfied
5
12/28/2014
24.0
Verified
6
24.0
7
12/29/2014
Verified
12/30/2014
24.0
V erified
8
24.0
12/31/201 4
Verified
9
01/01 /2015
Verified
10
24.0
01/02/2015
23.9
Verified
11
01/03/2015
24.0
Verified
12
24.0
01/04/2015
Verified
13
24.0
01/05/2015
Verified
14
01/06/2015
24 .0
Verified
15
01/07/2015
24.0
Verified
16
24.0
01/08/2015
17
Venfied
01 /09/2015
24.0
18
Verified
01 /1 0/2015
24.0
19
Verified
01/1 1/2015
24.0
Verified
20
01/12/2015
24.0
Verified
21
01/13/2015
23.9
22
Verified
23.9
01/14/2015
Verified
23
24.0
01/15/2015
Ve rified
24
01/16/2015
24.0
25
Verified
24.0
01/17/2015
26
Verified
27
01118/2015
24.0
Verif ied
-24.0
01/19/2015
28
Verif ied
01/20/2015
24.0
29
Verified
01/21 /2015
23.9
30
Verif ied
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.

. CotlSecutive
Calet<!a~: Day
,Count

Date Adv~rtlsement . .. .. Total Hou~:Web ~ite


-Mls:Availat)ie during
Appe;~re~:.o.n t!iO.: ..
Web:Site ' ~ ., .
: :. Calenaai"D.ay
~

,' ~

'