United States District Court, D. New Jersey
CARPENTIO United States Attorney
NICHOLAS P. GRIPPO Assistant United States Attorney
D. ARSENAULT, ESQ. Attorney for Defendant
CONSENT JUDGMENT AND ORDER OF FORFEITURE (MONEY
JUDGMENT) AND PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC
PROPERTY (FINAL AS TO THE DEFENDANT)
JOSE L. LINARES, U.S.D.J.
on or about December 15, 2016, defendant Samuel Delpresto
pleaded guilty pursuant to a plea agreement with the United
States to a one-count Information, which charged him with
conspiracy to commit security fraud, contrary to 15 U.S.C.
§§ 78j(b) and 78ff, in violation of 18 U.S.C.
pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C.
§ 2461(c), a person convicted of a securities fraud
offense as charged in the Information shall forfeit to the
United States all property constituting or derived, directly
or indirectly, from proceeds the defendant obtained that are
traceable to the commission of such offense;
in the plea agreement, defendant Samuel Delpresto agreed to
forfeit to the United States, pursuant to 18 U.S.C. §
981(a)(1)(C) and 28 U.S.C. § 2461(c), a sum of money
equal to $13, 000, 000, representing the proceeds the
defendant obtained that are traceable to the offense charged
in the Information (the "Money Judgment"); and (ii)
all of the defendant's right, title and interest in the
below bank accounts which were seized on or about January 13,
2014 (the "Specific Assets"):
a. Any and all funds contained in Bank of America account
number 381005370043 held in the name of MLF GROUP, LLC;
b. Any and all funds contained in Merrill Lynch WCMA account
number 88A-04169 held in the name of MLF HOLDINGS, LLC;
c. Any and all funds contained in Merrill Lynch WCMA Account
number 88A-04170 held in the name of FLM HOLDINGS, LLC;
d. Any and all funds contained in Bank of America account
number 003815678899 held in the names of SAMUEL DELPRESTO AND
e. Any and all funds contained in Merrill Lynch 529 College
Account number 88A-86536 held in the name of FRANCESCA
f. A sum of funds not to exceed $136, 823 from Merrill Lynch
529 College Account number 88A-86385 held in the ...