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United States v. Arslan

United States District Court, D. New Jersey

January 6, 2020

UNITED STATES OF AMERICA
v.
HURRIYET ARSLAN Defendant.

          JASON M. RICHARDSON SARA A. ALIABADI Assistant United States Attorneys

          CHRISTOPHER O' MALLEY, ESQ. Attorney for Defendant Hurriyet Arslan

          HURRIYET ARSLAN, Defendant

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

          Hon. Joseph H. Rodriguez Judge

         WHEREAS, on or about January 6, 2020 defendant Hurriyet Arslan pleaded guilty pursuant to a plea agreement with the United States to a three-count Information, which charged him with (i) conspiracy to commit mail fraud, contrary to 18 U.S.C. § 1341, in violation of 18 U.S.C. § 1349, conspiracy to commit wire fraud, contrary to 18 U.S.C. § 1343, in violation of 18 U.S.C. § 1349, conspiracy to commit bank fraud, contrary to 18 U.S.C. § 1344, in violation of 18 U.S.C. § 1349 (Count One), (ii) bank fraud, in violation 18 U.S.C. § 1344 (Count Two), and (iii) money laundering, in violation of 18 U.S.C. § 1957 (Count Three);

         WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), a person convicted of a conspiracy to commit mail, and wire fraud, contrary to 18 U.S.C. §§ 1341, 1343, and 1344, in violation of 18 U.S.C. § 1349, as alleged in Count One of the Information, shall forfeit to the United States all property, real and personal, that constitutes or is derived from proceeds traceable to the commission of such offense; and

         WHEREAS, pursuant to 18 U.S.C. § 982(a)(2), a person convicted of bank fraud, in violation of 18 U.S.C. § 1344, as alleged in Counts One and Two of the Information, shall forfeit to the United States all property constituting, or derived from, proceeds the person obtained directly or indirectly as a result of such violation;

         WHEREAS, pursuant to 18 U.S.C. § 982(a)(1), aperson convicted of money laundering, in violation of 18 U.S.C. § 1957, as alleged in Count Three of the Information, shall forfeit to the United States, any property, real or personal, involved in such offense; WHEREAS, in the plea agreement, the defendant agreed to forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), all property, real and personal, that constitutes or is derived from proceeds traceable to the commission of the offenses charged in Count One of the Information;

         WHEREAS, the defendant further agrees to forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(2), all property constituting, or derived from, proceeds the person obtained directly or indirectly as a result of the bank fraud offense charged in Counts One and Two of the Information;.

         WHEREAS, the defendant further agrees to forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(1), any property, real or personal, involved in the money laundering offense charged in Count Three of the Information;

         WHEREAS, on November 1, 2018 and December 18, 2018, the following currency was seized:

a. $109, 915 in funds from Account ending in 3540 held in the name of Deal Automotive Services, LLC at Credit Union of New Jersey;
b. $23, 002, 309.61 in funds from Account ending in 8989 held in the name of Deal Automotive Services, LLC at TD Bank;
c. $30, 802 in funds from Account ending in 7783 held in the name of Deal Automotive ...

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