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United States v. Nodarse

United States District Court, M.D. Tennessee, Nashville Division

October 22, 2019

United States Plaintiff
v.
Yasel Fuentes Nodarse, Defendant

          REVISED FINAL ORDER OF FORFEITURE CONSISTING OF MONEY JUDGMENTS IN THE AMOUNT OF $23, 145.96 UNITED STATES CURRENCY AS TO COUNTS ONE AND THREE OF THE INDICTMENT

          ALETA A. TRAUGER, United States District Judge.

         Based on the Court's acceptance of Defendant Yasel Fuentes Nodarse's plea of guilty to Counts One and Three, the agreement of the defendant to an Order of Forfeiture consisting of a Money Judgment in an amount to be determined by the Court at sentencing, the Court's Indicative Ruling (D.E. 165) that it would grant a joint motion to compromise the forfeiture in this case on remand from the Sixth Circuit Court of Appeals, and the order from the Sixth Circuit Court of Appeals (D.E. 179) vacating the Revised Final Orders of Forfeiture (D.E. 127 and 131) and remanding the case to the District Court for further proceedings, the Court finds as follows:

         WHEREAS, on December 6, 2017, the United States filed an Indictment charging Defendant, in pertinent part, at Count One with conspiring to commit bank fraud and aggravated identity theft in violation of 18 U.S.C. § 371 and, in pertinent part, at Count Three with bank fraud in violation of 18 U.S.C. § 1344, WHEREAS, the Forfeiture Allegation of the Indictment gave notice pursuant to 18 U.S.C. § 981(a)(1)© and 28 U.S.C. § 2461 that upon conviction of the offenses alleged in Count One, Defendant shall forfeit to the United States of America any property, real or personal, which constitutes or is derived from proceeds traceable to a violation of the offense of conviction or a conspiracy to commit such an offense, including, but not limited to, a money judgment of at least $560, 000.00 United States currency, representing the proceeds of the scheme and artifice to defraud as set forth in Count One of the Indictment.

         WHEREAS, the Forfeiture Allegation of the Indictment gave notice pursuant to 18 U.S.C. § 982(a)(2) that upon conviction of the offenses alleged in Count Two and Count Three of the Indictment, Defendant shall forfeit to the United States of America any property which constitutes or is derived from proceeds obtained directly or indirectly, as a result of the offense(s), including but not limited to a Money Judgment in the amount of at least $560, 000.00 United States currency, representing the proceeds of the scheme and artifice to defraud as set forth in Counts Two and Three of the Indictment.

         WHEREAS, the Forfeiture Allegation of the Indictment also gave notice to Defendant that in the event the proceeds, as a result of any act or omission of 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 that cannot be divided without difficulty, the United States shall be entitled to forfeiture of substitute property and it is intent of the United States pursuant to Title 21 United States Code, Section 853(p) to seek the forfeiture of any other property of Defendant up to the value of the property listed above as subject to forfeiture;

         WHEREAS, Defendant has had an opportunity to be heard on this matter and has pled guilty to Counts One And Three of the Indictment; has appealed the forfeiture order in this matter to the Sixth Circuit Court of Appeals and on remand has agreed to $23, 145.96 as a compromise of the amount of proceeds of his offenses of conviction, and that the United States is entitled to a money judgment in that amount and that said amount is subject to forfeiture.

         NOW THEREFORE it is hereby ORDERED that:

         A. A Final Order of Forfeiture Consisting of Money Judgments in the Amount of $23, 145.96 United States Currency as to Counts One and Three of the Indictment (“Order of Forfeiture”) is hereby taken against Defendant. Pursuant to Federal Rule of Criminal Procedure, Rule 32.2(b)(4), the Order of Forfeiture shall become immediately final as to Defendant, and shall be made part of the sentence and included in the Judgment in a Criminal Matter by reference herein.

         B. The United States may take written discovery in accordance with the Federal Rules of Civil Procedure. If the United States believes that the taking of depositions will facilitate its identification of substitute assets or the disposition of any petitions for remission, mitigation or restoration, it may apply to the court for permission to take such depositions, in ...


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