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United States v. Tavera

United States District Court, D. New Jersey

June 9, 2017

UNITED STATES OF AMERICA
v.
MARIA TAVERA, Defendant.

          WILLIAM E. FITZPATRICK Acting United States Attorney.

          R. DAVID WALK, JR. Assistant United States Attorney.

          GILBERT J. SCUTTI, ESQ. Attorney for Defendant Maria Tavera Defendant.

          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 one-count Information (the "Information") against Maria Tavera (the "Defendant"), which charged her with embezzlement from a health care benefit program, in violation of 18 U.S.C. § 669;

         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 a Federal health care offense as defined in 18 U.S.C. § 24, including embezzlement from a health care benefit program, in violation of 18 U.S.C. § 669, 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 such offense;

         WHEREAS, the property subject to forfeiture by the Defendant includes a sum of money equal to $40, 490.17 in United States currency, representing property, real and personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the Federal health care offense charged in the Information;

         WHEREAS, in the plea agreement, the Defendant consented to the imposition of a criminal forfeiture money judgment in the amount of $40, 490.17 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 Maria Tavera:

         (1) Consents to the forfeiture to the United States of $40, 490.17 in United States currency as a sum of money representing property, real and personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the commission of the Federal health care offense charged in the Information, to which she has pleaded guilty;

         (2) Consents to the imposition of a money judgment in the amount of $40, 490.17 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 ...


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