Вы находитесь на странице: 1из 25

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062- PAC

Document 457

Document 456-1

Filed 01/06/16

Filed 01/05/16

Page 1 of 25

Page 1 of 25

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

X

UNITED STATES OF AMERICA

- v.-

DAVID LEVY, and DONNA LEVY,

Defendants.

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

X

FINAL ORDER OF FORFEITURE

SS

11 Cr. 62 (PAC)

·--=.::::

::=.::;.::

7·------·==.:::::- ::

USDC SDNY

DOCUl\IIENT

I ELECTRONICALLY FILED

i DOC#: ---- ·

!!_!?~~,TEFILED: .~~~-l_fod!

--

·~,-.-·~-------

I

·-·

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"), wi th conspiracy t o commit

securities and wire fraud, in violation of Title 18, United States Code, Section 371 (Count One); securities

fraud in vio lati on 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 vio lation ofTitle 18, United States Code, Section 371 (Cou nts One

and Six); and securities fraud in violation ofTitle IS, Uni ted States Code, Sections 78j(b) & 78ff, T it le

17, Code of Federal Regulati o ns, 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 fo rfeiture 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

1

Case 1:11-cr-00062-PAC

case 1:11-cr-00062-PAC

Document 457

Document 456-1

Filed 01/06/16

Filed 01/05/16

Page 2 of 25

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 fo llowing:

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 all eged 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

2

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC

Document 457

Document 456-1

Filed 01/06/16

Filed 01/05/16

Page 3 of 25

Page 3 of 25

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 (i i) as a result of the:: offense

described in Count Five of the Indictment, as alleged in the Forfeiture allegations and/or the

Substitute Assets prov isions 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 ofB luefm 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) fo rfeiting all of his right,

title and interest in, among other items, the Subject Property;

3

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC

Document 457

Document 456-1

Filed 01/06/16

Filed 01/05/16

Page 4 of 25

Page 4 of 25

WHEREAS, on

or about March 18, 20 14, thi s 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 defendan t; 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 fo r 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 U nited States shall have cl ear

title to any forfeited property if no petitions for a hearing to contest the fo rfeiture have been filed

within

thirty (30) days of final publication of notice of the fo rfeiture or

forfeiture as set .forth in 21 U.S.C. § 853(n)(2 ); and

receipt of notice of the

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 fo rfeiture of the Subject

Property;

4

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC

Document 457

Document 456-1

Filed 01/06/16

Filed 01/05/16

Page 5 of 25

Page 5 of 25

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

5

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC

Document 457

Document 456-1

Filed 01/06/16

Filed 01/05/16

Exhibit A

Page 6 of 25

Page 6 of 25

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC

Document 457

Document 456-1

Document 350

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

X

Filed 01/06/16

Filed 01/05/16

Page 7 of 25

Page 7 of 25

Filed 01 /2 8/ 14

Page 1 of 7

Ss.-~:;r• -r·r) i~v 7.:::-:==------.:::--=---- ,l

I ~c;c;;~~;.::-~~-.

1 -:: ·1

l

t

1

,

·-·

:

.

-; --~

.J!-

,

.

,

1

1

:

·. c·· ,., T - ,,

·

,

,

_

\

J

J.

. ,--

; ·.

.

' ! : ·-. ~-- -----

r. T' . T 'l.~ D

J.

i

f

t l

.l

~~

1~E_~~--~~~E1L~}? ~ !_:_~I_--'l1

E

--- ··--·---

·

·-·------·

UNITED STATES OF AMERICA

- v. -

DAVID LEVY,

PRELJMU\ARY ORDER OF FORFEITURE/MONEY JUDGMENT

SS 11 Cr. 62 (PAC)

Defendant.

------ - --·-···-···-····-- - --·- ·-

X

i

i

I

,,

i

WHEREAS, on or about June 28, 2013, DAVID LEVY (the "defendant"), among

others, was ch arged in a Twelve Count Superseding Indi ctm ent, SS I 1 Cr. 62 (PAC) (the

"Indictment"), with consp iracy to commit securities and wire fraud, in violation of T itle 18,

Un ited Sta.tes Code, Section 3 71 (Count One); securities fraud in violation of Tit le 15, United

States Cod e, Sect ions 78j(b) & 78ff, Title 17, Code of Federal Regulations, Sections 240.1 Ob-5

and 240. IOb5-2, and Title 18, United States Code, Section 2 (Counts Two through Four); and

conspiracy to commit money launder ing in vio lation of Title 18, Uni ted States Code, Section

1956(h) (Count Five);

WHEREAS, the Indictmen t included a forfeiture allegation, seeking forfe iture to

the United States, pursuan t to T itle 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 t hrough Four and

Six through Eleven of the Ind ictment, including but not limited to the following:

1

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC

Case 1:11 -cr-00062-PAC

Document 457

Document 456-1

Document 350

Filed 01/06/16

Filed 01/05/16

Page 8 of 25

Page 8 of 25

Filed 01/28/14

Page 2 of 7

a) At least $14 million in United States currency, in that such sum in

aggregate is

property representing th e 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 traceab le 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 follow ing:

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 Governmen t filed a Forfeiture Bill of

Particulars providing notice that the property subject to fo rfeiture (i) as a result of the offenses

described in Counts One through Four and Six through Nine ofthe Indic tment, as alleged in the

Forfeiture All egations and/o r the Substitute Assets Provisions in the In di ctment, inc ludes, but is

2

Case 1:11-cr-00062-PAC

Document 457

Filed 01/06/16

Page 9 of 25

Case 1:11-cr-00062-PAC

Document 456-1

Filed 01/05/16

Page 9 of 25

Case 1:11-cr-00062-PAC

Document 350

Fi led 01 / 28/14

Pa ge 3 of 7

not limited to, One 2009 Bentley Cont inental automobile with YIN SCBBP93W09C061 l 93 ,

One 2008 Fleetwood Revolution LE Class A Motor Home with VfN 4VZBT1D958C0665 18;

and all fu nds on depos it in Account Numbe r 0359823564, held in the name of DML Marketing

Corp., at BankUnited; an d (ii) as a resu lt ofthe offense described in Count Five of the

Indictment, as alleged in t he 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 L EVY, the defendants,

in Acco unt 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

properties, togethe r, are the "Subject Property" );

Indictment

'

'

·

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

fol low in g a jury trial before

which he was charged; and

Judge Pau l A. Crotty on eac h and ev ery count of the Indictment w ith

WHEREAS, pursuant to 21 U.S.C. § 853(g) and Rule s 32.2(b)(3) and 32.2 (b)(6)

of the Federal Rules of Criminal Procedure, the Govern ment is now entitled, pending

any

assertion of third-party claims, to reduce the Subject Property to its possession and to notify any

person who reasona bly

appears to be a potential c laimant of its interest therein;

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

I) As a resul t ofthe offenses charged in the Ind ictment of wh ich the

defendant was found guilty, a mone y judgment in the amo unt

cuiTency (t he "Money Jud gment") shall be entered ago inst the

3

of $12,008,037 in United States

defendant.

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC Case 1:11-cr-00062-PAC

Document 457

Document 456-1 Document 350

Filed 01/06/16

Page 10 of 25

Filed 01/05/16 File d 01 / 28/ 14

Page 10 of 25 Page 4 of 7

2)

As a result of the offenses charged in the l ndictment, all of the defe ndan t's

right, title and interest in the following Subject Property is hereby forfe ited to the United States

for dis position in accordance with the law, subject to the provisions of Title 2 1, 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 Lauderda le,

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

SCBBP93W09C06!1 93;

with YIN

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 Numb er 01122000037

held in the name of Udi no Inves tment,

Inc., at Capital Bank, Panama ; and

f) the interests of DONNA LEVY and DAV ID LEVY, the defenda nts, in

Account Number 0150601088 5 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 , th is Pre lim ina ry Order of

Forfeiture/ Money

Jud gme nt is fi na l as to the defendant, DAVID LEVY, and shall be deemed

4

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC Case 1:11-cr- 00062-PAC

Document 457

Do cum ent 456-1 Document 350

Filed 01/06/16

Filed 01/05/16 Filed 01 /28 /14

Page 11 of 25

Page 11 of 25 Page 5 of 7

part of the se ntence of the defendant, and shall be included in the judgment of conviction

therewith.

4)

Upon entry of this Preliminary Order of Fo rfeitu re/Money Jud gmen t, the

United States Marshals Service (or its designee) is authorized to seize the S ubject Prope1ty and

hold the Subject Property in its secure, custody and control. Upon specific written di rection by

the United States Marshals Service (or its des ignee) only, to be pro vi ded at the sole discret io n 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/o r

b. Transfer the contents of the accounts included in the Subject

Property to the Seized Asset Deposit Fun d (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 sta temen ts and subsidiary documentation supp ort ing any transactio ns listed, fl'Om the time of restraint pursuant to thi s 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 t he Supplemental Rules for Admiralty or Maritime Claim s and Asset Forfeiture Actions, the

United States shall publish for at least thirty (30) consecutive days on the official government

internet f~rfeituresite, www.forfeiture.gov, notice of this Prelim inary Order ofForfeiture/~oney

Judgment. Any person, other than the defendant in this case, c laim ing an interest in the Subject

Property must file a petition within six ty (60) days fr om the first day of publication ofthe no tice

on this official government internet site, or no late r th an thirty-t1ve (35) days from the maili ng of

actual notice, wh ichever is earlier.

5

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC Case 1:11-cr-00062- PAC

,.

Document 457

Document 456-1 Docum ent 350

Filed 01/06/16

Page 12 of 25

Filed 01/05/16 Filed 01 / 28/ 14

Page 12 of 25 Page 6 of 7

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

petit ioner un der 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 re lief 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

potentia l claimant w ith standing to contest the forfeiture in the ancil lary procee di 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 Ti tle 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 thi s instance, to the United States

Marsha ls Service, and delivered by mail to the United States Attorney's Office, Southern District

ofNew Yo rk, Attn: Asse t 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 Prelim ina ry Order of Forfe itu re/ Money Judgment,

and pursuant to Tit le 21, United States Code, Section 853, the United States Marshals Service (or

its designee) sha ll be

authorized to depos it all payments on the Money Judgm ent in the Assets

Forfeiture Fund, and the United States shall have clear t itl e to S\tch forfeit ed property.

6

Case 1:11-cr-00062-PAC

Document 457

Filed 01/06/16

Page 13 of 25

Case 1:11-cr-00062-PAC

Document 456-1

Filed 01/05/16

Page 13 of 25

Case 1:11-cr-00062-PAC

Document350

Filed 01/28/14

Page 7 of ?

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 Ru le 32.2(b)(3) ofthe Federal Rules of Crim inal 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 ide ntifY, locate or disp ose offorfeitable

property, including depositions, interrogatories . requests fo r production of

documents and the

issuance of subpoenas, pursuant to Rule 45 ofthc Federa l 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~(20 14

SO ORDERED:

/~

HONORABLE PAUL A. CROTTY UNITED STATES DISTRICT JUDGE

7

Case 1:11-cr-00062-PAC

Document 457

Case 1:11-cr-00062-PAC

Document 456-1

c ase 1:11-cr-00062-PAC

Document 369

Filed 01/06/16

Page 14 of 25

Filed 01/05/16

Page 14 of 25

Filed 03118/14

Page 1 of 7

USDC SDNY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

----------- - ------··--·-·-------

X

UN ITED STATES OF AMERICA

- v.-

DONNA LEVY,

Defendant.

---- ----- - - -- ----· -- --·----- - - --

X

E! ! C'J'i\·: ·:: ::C,\LLY FILED

DC ;

u.

D_A_TL_· : ~

- ---· -- -

-

;JI_~E_D:=:--~~~-I~Cj~-J~'f~

PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT

SS I I Cr. 62 (PAC)

WHEREAS, on or about June 28, 20 I2, DONNA LEVY (the "defendant"),

among others, was charged in a Twelve Count Superseding Indictment, S5 I I Cr. 62 (PAC) (the

"Indictm ent"),

with conspirac y to commit securities and wire frau d, in

Un ited States Code, Section 371 (Coun ts One and Six); and securities

vio lation of Title 18,

fraud in vio latio n 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 T itle I 8, United States Code, Section 2 (Co unts Two and Th ree

and Seven through Eleven);

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

t he Uni ted States, pursua nt to Title 18, U nited States Code, Sectio n 981 (a)( I)(C) and T itle 28,

UI;Jited States Code, Section 246 1, of any and all property constituting or

derived f rom 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 t he offenses alleged in Counts One through Four and Six through Eleven of the

Indictment, inc ludin g but not li mi ted to the fo llowing:

Case 1:11-cr-00062-PAC

Document 457

case 1:11-cr-00062-PAC

Document 456-1

Case 1:11-cr-q0062-PAC

Document 369

Filed 01/06/16

Page 15 of 25

Filed 01/05/16

Page 15 of 25

Filed 03/18/14

Page 2 of 7

a) At least$ I4 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 a ll egations 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

properties, together, are the "Subject Property");

2

Indictment

Case 1:11-cr-00062-PAC

Document 457

Case 1:11-cr-00062-PAC

Document 456-1

Case 1:11-cr-00062-PAC

Document 369

Filed 01/06/16

Page 16 of 25

Filed 01/05/16

Filed 03/18/14

Page 16 of 25

Page 3 of7

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

fo llowing a jury trial before Judge Paul A. Crotty on eac h and every co unt oft he 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 Indi ctment, all of the de fenda nt'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 at31 09 N .E. 23rd Court, Fort Lauderdale,

·Florida 33305 (the "Levy Residence");

b) One 2008 Fleetwood Revoluti on LE C lass

4VZBTID958C066518;

A Motor Home with YIN

c) One 2009 Bentley Continental automobile with YIN

SCBB93W09C06!193;

3

Case 1:11-cr-00062-PAC

Document 457

ease 1.11-cr-00052-PAC

Document 456-1

Case 1:11-cr-00062-PAC

Document 369

Filed 01/06/16

Page 17 of 25

Fil ed 01/05/16

Fi led 03/18/14

Page 17 of 25

·

Page 4 of 7

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 0150601088 5

Group, at Capital Bank, Panama

he ld in the name of Bluefin Financial

(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 so le discretion of

4

Case 1:11-cr-00062-PAC

Document 457

Case 1:11-cr-00062-PAC

Document 456-1

Case 1:11-cr-00062-PAC

Document 369

Filed 01/06/16

Page 18 of 25

Filed 01/05/16

Page 18 of 25

File d 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 transaction s li sted, from the t ime 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 Supplem ental Rules for Admiralty or Maritime Claims and Asse t Forfeiture Actions, the

United States shall publi sh 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 adjud ic ate

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 s upporting the petitioner's

claim and

the relief sought, pursuant to Title 21, United States Code, Section 853(n).

5

Case 1:11-cr-00062-PAC

Document 457

case 1:11-cr-00062-PAC

Document 456-1

Case 1:11-cr-00062-PAC

Docume nt 369

Filed 01/06/16

Page 19 of 25

Filed 01/05/16

Page 19 of 25

Filed 03/18/14

Page 6 of 7

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 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 C riminal Procedure, in which all

th ird- party interests will

be addressed .

9)

All payments on the outstanding Mo ney Judgment shall be made by postal

mone y 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.

I0)

Upon execution of this Preliminary Order of Forfeiture/Money Judgment,

and pursuant to Title 2 1, United States C ode, 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

sha ll retai n jurisdiction to enforce th is Pre li m inary Order of

Forfeiture/Money Judgment, an d to amend it as necess ary, pursuant to Rule 32 .2 of the Fe der al

Rules of Criminal Procedure.

12)

Pursuant to Rule 32.2(b)(3) of the 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 of forfe itable

6

.

-

· -;

.

Case 1:11-cr-00062-PAC

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

---

.

-

-

-

~

Document 457

Case 1:11-cr-00062-PAC

Document 456-1

Case 1:11-cr-00062-PAC

Document 369

---··

.

.

--- --- --

.

Filed 01/06/16

Page 20 of 25

Filed 01/05/16

Filed 03118114

Page 20 of 25

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 JUDGE

7

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC

Document 457

Document 456-1

Filed 01/06/16

Filed 01/05/16

Exhibit B

Page 21 of 25

Page 21 of 25

Case 1:11-cr-00062-PAC

Document 457

Case 1:11-cr-00062-PAC

Document 456-1 Document 454

Case 1:11-cr-00062-PAC

Filed 01/06/16

Page 22 of 25

Filed 01/05/16 Filed 12/18/ 15

Page 22 of 25 Page 1 of 4

PREET

United States Attorney for the

Southern District of New York

BHARARA

By :

HOWARD

S.

MASTER

Assistant

United

States

Attorney

One St . Andrew's

Plaza

New

Tel .

York ,

(212)

New

York

637-2248

10007

UNITED

SOUTHERN

STATES

DISTRICT

COURT

DIS TRICT OF NEW YORK

------------------------------x

UNITED

STATES

- v-

OF

AMERICA ,

DAV ID

LEVY ,

et

al .,

 

Defendants .

------------------------------x

DECLARATI ON

SS

11

Cr.

62

OF

PUBLICATION

(PAC)

Code,

I,

HOWARDS.

MASTER ,

pursuant

to

Title

28 ,

United States

Section 1746 ,

hereby declare

under penalty

of perjury ,

t ha t

:

1

.

I am an Ass ista nt United States Attorney in the office

'

i

'

'i

'

i

~

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 aforementioned notice

was pos ted

on an official

government

internet

s i te

(www . forfeiture . gov)

consecu tiv e days,

beginning on December 23,

2014

for

at

least

30

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

Case 1:11-cr-00062-PAC

Case 1:11-cr-00062-PAC Case 1:11-cr-00062-PAC

Document 457

Document 456-1 Document 454

Filed 01/06/16

Page 23 of 25

Filed 01/05/16

Filed 12/18/15

Page 23 of 25 Page 2 of 4

3 .

Both

of

the

documents

were

obtained

Consolida ted Asset·Tracking

System mair.tained by the

Justice.

Dated :

New

York,

New

York

December

18,

2015

from

a

Department of

Is/

HOWARD

S .

MASTER

Assistant

United

St ates

Attorney

Case 1:11-cr-00062-PAC

Document 457

Case 1:11-cr-00062-PAC

Document 456-1 Document 454

Case 1 :11-cr-00062- PAC

Filed 01/06/16

Page 24 of 25

Filed 01/05/16 Fi led 12/1 8/15

Page 24 of 25 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 manne r 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 petit ioner under penalty of perjury and shall set forth the

nature and extent of the

petitioner's right, title or interest in the forfeited property , t he

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.

Case 1:11-cr-00062-PAC

Document 457

Filed 01/06/16

Page 25 of 25

Case 1:11-cr-00062-P AC

Do cument 456 -1

Filed 01/05/16

Page 25 of 25

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 repo rt that identifies the uptime fo r 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. Davi d Levy et al

Court Case No:

For Asset ID{s):

. CotlSecutive

Cale t<! a~: Day

,Count

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

S5 11 CR 62 (PAC )

See Attached Advertisement Copy

Date Adv~rtlsement

Appe;~re~ :.o .n ·t!i O.: · · Web: Site

' ·

~

~

••••,

,'

••• ~

'

•1

.

··

.,·

'

12/23/2014

12/24/2014

12/25/2014

12/26/2014

12/27/2014

12/28/2014

12/29/2014

12/30/2014

12/31/201 4

01/01 /2015

01/02/2015

01/03/2015

01/04/2015

01/05/2015

01/06/2015

01/07/2015

0 1/08/2015 01 /09/2015 01 /1 0/2015 01/1 1/2015

01/12/2015

01/13/2015

01/14/2015

01/15/2015

01/16/2015

01/17/2015

01118/2015

0 1/19/20 15

01/20/2015

01/21 /2015

·

.

·

· Total Hou~ :Web ~ ite

-Mls:Availat)ie dur i ng

·· ·: :. Calenaa i"D.ay

24.0

23.9

24.0

24.0

24.0

24.0

24.0

24.0

24.0

24.0

23.9

24.0

24.0

24.0

24 .0

24.0

24 .0

24 .0

24.0

24.0

24.0

23.9

23.9

24.0

24 .0

24.0

24.0

-24.0

24.0

23.9

V~riflcatlon that

Advert\~einent

:

·· :.~xl~t~d . orl W~b Site Verified Verified Ve rified Verified Venfied Verified Verified V erified Verified Verified Verified Verif ied Verified Verified Ve rified Verified Venfied Verified Verified Verified Verified Verified Verified Ve rif ied Verif ied Verified Verif ied Verif ied Verified Verif ied

Addit ional log informatio n is available and kept in the archives for 15 years after the asset has been disposed.