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United States v. Julio Cesar Concepcion

United States District Court, D. New Jersey

April 22, 2019

UNITED STATES OF AMERICA
v.
JULIO CESAR CONCEPCION

          OPINION & ORDER

          KEVIN McNULTY UNITED STATES DISTRICT JUDGE.

         Defendant Julio Cesar Concepcion, pro se, has filed in both of the above-captioned criminal cases a "Motion to rescind money judgment," i.e., a Consent Judgment of Forfeiture to which he agreed in connection with his guilty plea. (15cr15 DE 89; 15crl8 DE 17)[1] The government has filed a brief in opposition. (15cr15 DE 90; 15crl8 DE 18). Because there is no legal basis for such a motion, and because the defendant waived any such challenge in his plea agreement and in the Consent Judgment itself, the motion is denied.

         BACKGROUND

         On January 14, 2015, pursuant to written agreements to plead guilty filed in both of the above captioned cases, Mr. Concepcion pled guilty in open Court to two criminal Informations:

(a) Crim. No. 18-15, charging him with conspiracy and receipt of stolen government funds, 18 U.S.C. §§ 371, 641; and
(b) Crim. No. 18-18, charging him with conspiracy to commit wire fraud, 18 U.S.C §§ 1343, 1349.

         He is currently serving a sentence of imprisonment.

         Pursuant to his plea agreement, Mr. Concepcion signed a Consent Judgment of Forfeiture in the amount of $5, 643, 695.46. (15cr15 DE 80; 15crl8 DE 9) The Consent Judgment was executed by the defendant and the government, and filed on the Court's docket on July 21, 2015. (Id.)

         The Consent Judgment set forth that Mr. Concepcion

(1) consented to the forfeiture to the United States of $5, 643, 695.46, representing proceeds of the violations of 18 U.S.C. §§ 641 and 1349;
(2) consented to die entry of a money judgment in that amount, and agreed that the Consent Judgment was final at die time of entry, pursuant to Fed. R. Crim. P. 32.2(b)(4)(A); and
(3) waived all constitutional and statutory challenges to any forfeiture carried out pursuant to the Consent Judgment.

         Mr. Concepcion acknowledged that die Consent Judgment would be part of die sentence imposed on him. Id.

         Sentence was imposed and Final judgments of conviction and sentence were entered on July 21, 2015. (15cr15 DE 79, 81; 15crl8 DE 8, 10) Both judgments ordered ...


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