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United States v. Jelen

United States District Court, M.D. Pennsylvania

June 20, 2018

UNITED STATES OF AMERICA
v.
SEAN E. JELEN, Defendant

          MEMORANDUM

          MALACHY E. MANNION UNITED STATES DISTRICT JUDGE

         Before the court are the objections to the Preliminary Order of Forfeiture entered by the court on February 1, 2018, (Doc. 93), regarding 37 Jamaica Walk, Breezy Point, New York, (Doc. 109), filed, pro se, by defendant Sean E. Jelen on February 16, 2018. On February 26, 2018, the defendant filed an amendment to his objections and a request for an emergency stay. The defendant contends that neither his plea agreement nor his sentence requires him to forfeit any shares he owned, leased or acquired regarding the subject property. Rather, he claims that he was only obliged to forfeit real estate and that his interest, and the interest of his estranged wife, Susan L. Forrett-Jelen, did not consist of such an interest with respect to the subject property. He states that his actual ownership interest in the subject property is 180 shares of the Breezy Point Cooperative, Inc. The defendant requests the court to withdraw the preliminary order of forfeiture and amend it to reflect that it only pertains to the forfeiture of real estate. He also requests the court to stay any forfeiture actions in this case. The government responded to the defendant's objections. (Doc. 114). Based on the following, the court will DENY defendant's objections for lack of jurisdiction.

         I. BACKGROUND

         On June 15, 2016, an Information was filed charging the defendant with bank fraud, in violation of 18 U.S.C. §1344, and attempted bank fraud, in violation of 18 U.S.C. §1349. The Information also contained a notice of forfeiture under 18 U.S.C. §§982(a)(2) and 981(a)(1)(c) and 28 U.S.C. § 2461. (Doc 1). On the same day, the parties filed a plea agreement, (Doc. 3), which provided, in relevant part:

a. that the defendant agreed to plead guilty to both charges in the Information;
b. that the following property is subject to forfeiture, and that this list may be supplemented pending additional disclosure of defendant's assets and proceeds of his criminal activities, the location(s) of any fraudulently obtained funds, and property used to facilitate the instant offense. The defendant agrees to withdraw any administrative claims to the following property, and any identified in a supplemental filing, and agrees to forfeit all rights, title and interest thereto to the United States of America: real property located at 37 Jamaica Walk, Breezy Point, New York 11697;
c. that no other party, other than his spouse, Susan Forrett-Jelen, has an equitable or legal interest in the assets agreed to and consented to be forfeited;
d. that the Plea Agreement is conditioned on Susan Forrett-Jelen executing a Stipulation of Consent to Forfeiture for the real property listed above;
e. to concur in any motion necessary to be filed and to sign any and all documents necessary to effectuate the forfeiture of the aforementioned property;
f. to immediate entry of the preliminary order of forfeiture or the filing of a civil complaint by the United States pursuant to Title18, United States Code, Section 981;
g. to forfeit all interests in the assets set forth above and to take whatever steps are necessary to pass clear title of those assets to the United States. These steps include but are not limited to surrender of title; signing of a consent decree; stipulating to facts regarding the transfer and basis for the forfeitures; and concurrence in any motion and signing any document necessary to effectuate such transfers;
h. to disclosure, no later than upon signing this Agreement, of all persons and entities holding an equitable or legal interest in the property, real or personal, subject to forfeiture pursuant to this Agreement;
i. that he is aware that the intentional dissipation of assets will be viewed as criminal conduct that may lead to obstruction of justice charges and that the government would be entitled to substitute assets pursuant to 21 U.S.C. §853(p) and 28 U.S.C. § 2461(c); and
j. that this Agreement is being entered into by the United States on the basis of the express representation that the defendant is making full and complete disclosure of all assets ...

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