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United States v. Farooq

United States District Court, M.D. Pennsylvania

June 25, 2019

UNITED STATES OF AMERICA
v.
SUHAIL FAROOQ, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          CHRISTOPHER C. CONNER, CHIEF UNITED STATES DISTRICT JUDGE.

         IT IS HEREBY ORDERED THAT:

         1. As the result of guilty plea to violations of 18 U.S.C. § 1343, for which the United States sought forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 246l(c) defendant shall forfeit to the United States:

a. All property constituting, or derived from, proceeds traceable to the offenses.

         2. The court has determined, based on the defendant's Plea Agreement that the following proceeds are subject to forfeiture pursuant to 18 U.S.C. § 981 (a)(1)(C), and 28 U.S.C. § 246l(c), and that the government has established the requisite nexus between such proceeds and such offenses:

a. $42, 861 in U.S. Currency representing proceeds of wire fraud that were personally obtained and later dissipated by Suhail Farooq.

         3. Because the defendant dissipated the above-described proceeds, the United States may seek, as a substitute asset pursuant to 21 U.S.C. § 853(p), forfeiture of any of the defendant's property up to the value of the dissipated proceeds.

         4. As agreed upon by the parties, the value, if any, of the following seized assets will be applied, if possible, as payment toward the $42, 861 in dissipated proceeds:

a. $10, 246 in U.S. Currency, seized from the defendant on June 21, 2018;
b. USPS Money Order #25156137475, in the amount of $198.00, seized from the defendant on June 21, 2018; and
c. Approximately 600 gift cards, value unknown, seized from the defendant on June 21, 2018.

         5. Upon the entry of this Order, the United States or its designee is authorized to seize the above property, whether held by the defendant or by a third party, and to conduct any discovery proper in identifying, locating, or disposing of the property subject to forfeiture, in accordance with Fed. R. Crim. P. 32.2(b)(3).

         6. The United States shall publish notice of the order and its intent to dispose of the property in such a manner as the Attorney General may direct. The United States may also, to the extent practicable, provide written notice to any person known to have an alleged interest in the above property.

         7. Any person, other than the above-named defendant, asserting a legal interest in the above property may, within thirty days of the final publication of or receipt of notice, whichever is earlier, petition the court for a hearing without a jury to adjudicate the validity of his alleged interest in the above ...


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