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United States v. Borges

United States District Court, D. New Jersey

November 15, 2017

UNITED STATES OF AMERICA
v.
BETSY BORGES Defendant.

          CONSENT JUDGMENT AND ORDER OF FORFEITURE (MONEY JUDGMENT) AND PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY (FINAL AS TO THE DEFENDANT)

          Jerome B. Simandle, Senior United States District Judge

         WHEREAS, on or about November 14, 2017, defendant Betsy Borges pleaded guilty pursuant to a plea agreement with the United States to a one-count Information, which charged her with conspiracy to commit bank fraud, contrary to 18 U.S.C. § 1344, in violation of 18 U.S.C. § 371;

         WHEREAS, pursuant to 18 U.S.C. § 982(a)(2), a person convicted of conspiracy to commit bank fraud, contrary to 18 U.S.C. § 1344, in violation of 18 U.S.C. § 371, shall forfeit to the United States any property constituting, or derived from, proceeds the person obtained directly or indirectly as a result of such violation;

         WHEREAS, in the plea agreement, the defendant agreed to forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(2), (i) a sum of money equal to $206, 450, which the defendant stipulated represents the proceeds the defendant obtained, directly or indirectly, as a result of the violation charged in the Information (the "Money Judgment"); and (ii) all of the defendant's right, title and interest in 4957 Cardigan Court, Hamilton Township, New Jersey 08330 and 6 Club House Lane, Mays Landing, New Jersey 08330 (the "Specific Property"), which the defendant admits has the requisite nexus to the bank fraud offense to which the defendant has agreed to plead guilty, with any forfeited money and the net proceeds derived from the sale of the forfeited Specific Property to be applied to the Money Judgment, in partial satisfaction thereof;

         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, the provisions of 21 U.S.C. § 853(n) (incorporated by 18 U.S.C. § 982(b)) require publication and notice to third parties known to have alleged an interest in forfeited specific property and the disposition of any petitions filed under 21 U.S.C. § 853(n) before the United States may have clear title to such property;

         WHEREAS, defendant Betsy Borges:

         (1) Consents to the forfeiture to the United States of $206, 450 as a sum of money representing the property constituting, or derived from, proceeds the defendant obtained directly or indirectly as a result of the offense charged in the Information, to which the defendant has pleaded guilty, pursuant to 18 U.S.C. § 982(a)(2) (the "Money Judgment");

         (2) Agrees to forfeit to the United States all of her right, title and interest in the Specific Property, which the defendant admits has the requisite nexus to the bank fraud offense to which the defendant has agreed to plead guilty, pursuant to 18 U.S.C. § 982(a)(2);

         (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 property forfeited to satisfy the Money Judgment;

         (4) 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 the defendant's presence at sentencing, and incorporation of the forfeiture in the Judgment of Conviction;

         (5) Acknowledges that she understands that forfeiture of property will be part of the sentence imposed upon her in this case and waives any failure by the Court to advise her of this, pursuant to Federal Rule of Criminal Procedure 11 (b)(1)(J), during the plea hearing; and

         (6) Waives any and all claims that this forfeiture constitutes an excessive fine and agrees that this forfeiture does not violate the Eighth Amendment.

         WHEREAS, good and sufficient cause has been shown, it is hereby ORDERED, ...


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