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United States v. Delpresto

United States District Court, D. New Jersey

March 25, 2019

UNITED STATES OF AMERICA
v.
SAMUEL DELPRESTO Defendant.

          CRAIG CARPENTIO United States Attorney

          By: NICHOLAS P. GRIPPO Assistant United States Attorney

          JOHN D. ARSENAULT, ESQ. Attorney for Defendant

          SAMUEL DELPRESTO, Defendant

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

          HON. JOSE L. LINARES, U.S.D.J.

         WHEREAS, 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. § 371;

         WHEREAS, 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;

         WHEREAS, 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 MICHELLE DELPRESTO;
e. Any and all funds contained in Merrill Lynch 529 College Account number 88A-86536 held in the name of FRANCESCA DELPRESTO;
f. A sum of funds not to exceed $136, 823 from Merrill Lynch 529 College Account number 88A-86385 held in the ...

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