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United States v. Tavera

United States District Court, D. New Jersey

May 11, 2017

UNITED STATES OF AMERICA
v.
CESAR TAVERA,

          CONSENT FORFEITURE MONEY JUDGMENT

          HONORABLE NOEL L. HILLMAN United States District Judge

         WHEREAS, the United States of America (the "United States" or the "Government") filed a two-count Information against CESAR TAVERA (the "Defendant"), which charged him with conspiracy to commit health care fraud, contrary to 18 U.S.C. § 1347, in violation of 18 U.S.C. § 1349 (Count One); and embezzlement from a health care benefit program, in violation of 18 U.S.C. § 669 (Count Two);

         WHEREAS, pursuant to a plea agreement with the United States, the Defendant pleaded guilty to the Information;

         WHEREAS, pursuant to 18 U.S.C. § 982(a)(7), a person convicted of conspiracy to commit health care fraud shall forfeit to the United States, all property, real and personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the commission of the offense, as the result of the violation alleged in Count One of the Information;

         WHEREAS, the property subject to forfeiture by the Defendant includes a sum of money equal to $2, 500, 000.00 in United States currency, representing the proceeds of the conspiracy to commit health care fraud;

         WHEREAS, in the plea agreement, the Defendant consented to the imposition of a criminal forfeiture money judgment in the amount of $2, 500, 000.00 in United States currency;

         WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure provides that no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment;

         WHEREAS, Rule 32.2(b)(4)(A) of the Federal Rules of Criminal Procedure provides that a preliminary order of forfeiture, including a preliminary order of forfeiture consisting of a money judgment, may become final at any time before sentencing if the defendant consents; WHEREAS, defendant CESAR TAVERA:

(1) Consents to forfeit to the United States $2, 500, 000.00 in United States currency as a sum of money representing the proceeds of the conspiracy to commit health care fraud, as alleged in the Information, to which he has pleaded guilty;
(2) Consents to the imposition of a money judgment in the amount of $2, 500, 000.00 in United States currency (the "Money Judgment"), pursuant to 18 U.S.C. § 982(a)(7), and agrees that this Order is final at the time of its entry by the Court, pursuant to Rule 32.2(b)(4)(A) of the Federal Rules of Criminal Procedure;
(3) Agrees to consent promptly upon request to the entry of any orders deemed necessary by the Government or the Court to complete the forfeiture and disposition of properly forfeited to satisfy the Money Judgment;
(4) Agrees promptly to pay the Money Judgment in full;
(5) Waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of forfeiture in the charging instrument, announcement of the forfeiture in his presence at sentencing, and incorporation of the forfeiture in the Judgment of Conviction;
(6) Acknowledges and understands that forfeiture of property will be part of the sentence imposed in this case and waives any failure by the Court to advise defendant of this, pursuant to Federal Rule of Criminal ...

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