United States District Court, D. New Jersey
OPINION & ORDER
McNULTY UNITED STATES DISTRICT JUDGE.
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) 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.
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
(a) Crim. No. 18-15, charging him with conspiracy and receipt
of stolen government funds, 18 U.S.C. §§ 371, 641;
(b) Crim. No. 18-18, charging him with conspiracy to commit
wire fraud, 18 U.S.C §§ 1343, 1349.
currently serving a sentence of imprisonment.
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.)
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);
(3) waived all constitutional and statutory challenges to any
forfeiture carried out pursuant to the Consent Judgment.
Concepcion acknowledged that die Consent Judgment would be
part of die sentence imposed on him. Id.
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 ...