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UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF NEW YORK

-----------------X
UNITED STATES OF AMERICA
- against -

PRELIMINARY ORDER OF
FORFEITURE
14-CR-399(ENV)

MARC WELXER,
Defendant.

-----------------X
WHEREAS, on October 15, 2014, MARC WELXER (the "Defendant"),
entered a plea of guilty to Counts One and Three of the above-captioned indictment,
charging violations of 18 U.S.C. 371, and 15 U.S.C. 78j(b) and 78ff; and
WHEREAS, the Defendant has consented to the entry of a forfeiture money
judgment in the amount of one million, four hundred thousand dollars ($1,400,000.00) in
United States currency (the "Forfeiture Money Judgment") pursuant to 18 U.S.C.
98l(a)(l)(C), 28 U.S.C. 246l(c), as property which constitutes or is derived from proceeds
obtained, directly or indirectly, as a result of his violations of 18 U.S.C. 371 and 15 U.S.C.
78j(b) and 78ff, and/or as substitute assets, pursuant to 21 U.S.C. 853(p).
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent, by
and between the United States and the defendant as follows:
1.

The Defendant shall forfeit to the United States the full amount of the

Forfeiture Money Judgment, pursuant to 18 U.S.C. and 21 U.S.C. 853(p).

United States v. MARC WELXER, 14-CR-399(ENV)


Preliminary Order of Forfeiture
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2.

All payments made towards the Forfeiture Money Judgment shall be

made by certified or bank check, payable to "United States Marshals Service" with the
criminal docket number noted on the face of the check. The defendant shall cause said check
to be delivered via overnight mail to Assistant United States Attorney Claire Kedeshian,
United States Attorney's Office, Eastern District of New York, 271 Cadman Plaza East,
Brooklyn, New York 11201. The Forfeiture Money Judgment shall be paid in full on or
before thirty (30) days of the date of the Defendant's sentencing (the "Due Date"). If the
Forfeiture Money Judgment is not paid in full or on before the Due Date, interest on the
Forfeiture Money Judgment shall accrue at the judgment rate of interest from the Due Date.
3.

In partial satisfaction of the Forfeiture Money Judgment, the Defendant

shall forfeit all right, title and interest to the United States in the following directly forfeitable
and/or substitute assets (collectively referred to as "the Forfeited Assets"): (a) all funds
currently on deposit at Bank of America Account 570574268 held in the name of the Marc
Wexler, and all proceeds traceable thereto; (b) all funds and/or securities currently on deposit
in Morgan Stanley Brokerage Account 433-106826 held in the name or for the benefit of
Marc Wexler c/f Aaron Wexler, and all proceeds traceable thereto; (c) all funds and/or
securities currently on deposit in Morgan Stanley Brokerage Account 433-106827 held in the
name of or forthe benefit of Marc Wexler c/f Jonah H. Wexler, and all proceeds traceable
thereto; (d) all funds and/or securities currently on deposit in Morgan Stanley Brokerage
Account 433-106895 held in the name of or for the benefit of Marc Wexler and Alyse
Wexler, and all proceeds traceable thereto; (e) all funds and/or securities currently on deposit
in Morgan Stanley Brokerage Account 433-106896 held in the name of or for the benefit of
United States v. MARC WELXER, 14-CR-399(ENV)
Order of Forfeiture
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Marc Wexler, and all proceeds traceable thereto; and (f) all funds and/or securities currently
on deposit in Morgan Stanley Brokerage Account 049-110784 held in the name of or for the
benefit of Alyse Wexler, and all proceeds traceable thereto.
4.

Within sixty (60) days of the United States Marshals Service's receipt

of certified copies of this Preliminary Order of Forfeiture, the United States Marshals Service
shall ensure that all the Forfeited Assets are liquidated and deposited into an interest bearing
account and in partial satisfaction of the Forfeiture Money Judgment pending further order of
this court.
5.

If the Forfeiture Money Judgment is not received as provided above,

the Defendant shall forfeit any other property of his up to the value of the Forfeiture Money
Judgment, pursuant to 21 U.S.C. 853(p). The Defendant shall fully assist the government
in effectuating the payment of the Forfeiture Money Judgment. The Defendant shall not file
or interpose any claim or assist others to file or interpose any claim to any property against
which the government seeks to execute the Forfeiture Money Judgment in any administrative
or judicial proceeding.
6.

The Defendant knowingly and voluntarily waives his right to any

required notice concerning the forfeiture of the money forfeited hereunder, including notice
set forth in an indictment or information. In addition, the Defendant knowingly and
voluntarily waives his right, if any, to a jury trial on the forfeiture of said money, and waives
all constitutional, legal and equitable defenses to the forfeiture of said money, including, but
not limited to, any defenses based on principles of double jeopardy, the Ex Post Facto clause
of the Constitution, the statute of limitations, venue, or any defense under the Eighth
United States v. MARC WELXER, 14-CR-399(ENV)
Order of Forfeiture
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Amendment, including a claim of excessive fines. The forfeiture of the money forfeited
hereunder is not to be considered a payment of a fine or restitution or a payment on any
income taxes that may be due.
7.

Any person, other than the Defendant, asserting a legal interest in the

Forfeited Assets may, within thirty (30) days of the final publication of notice or receipt of
notice, or no later than sixty (60) days after the first date of publication, whichever is earlier,
petition the court for a hearing without ajury to adjudicate the validity of his or her alleged
interest in the property, and for an amendment of the order of forfeiture, pursuant to 21
U.S.C. 853(n)(6). Any petition filed in response to notice of the forfeiture of the Forfeited
Assets must be signed by the petitioner under penalty of perjury and shall set forth the nature
and extent of the petitioner's right, title, or interest in the property, the time and
circumstances of the petitioner's acquisition of the right, title or interest in the property, any
additional facts supporting the petitioner's claim, and the relief sought.
8.

The Defendant shall not file or interpose any claim or assist others to

file or interpose any claim to any of the monies and/or properties forfeited hereunder in any
administrative or judicial proceeding. The defendant shall take whatever steps are necessary
to ensure clear title to the Forfeited Assets pass to the United States, including, but not
limited to, the execution of any documents necessary to effectuate the surrender of the
Forfeited Assets to the United States. Further, if any third party files a claim to the Forfeited
Assets, the Defendant will assist the government in defending such claim. If the Forfeited
Assets are not forfeited in their entirety, the United States may seek to enforce this
Preliminary Order against any other assets of the Defendant up to the value of the Forfeited
United States v. MARC WELXER, 14-CR-399(ENV)
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Assets not forfeited, pursuant to 21 U.S.C. 853(p), the Federal Debt Collection Procedures
Act or any other applicable law.
9.

Upon entry of this Order, the United States Attorney General or his

designee is authorized to conduct any proper discovery in accordance with Fed.R. Crim.P.
32.2(bX3) and (c). The United States alone shall hold title to the monies paid by the
Defendant to satisfy the Forfeiture Money Judgment following the Court's entry of the
judgment of conviction.
10.

The terms contained herein shall be final and binding only upon the

Court's "so ordering" of this Order.


11.

Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), this Order shall become

final as to the Defendant at the time of sentencing and shall be made part of the sentence and
included in the judgment. This order shall become the Final Order of Forfeiture, as provided
by Fed. R. Crim. Pro. 32.2(c)(2).
12.

This Order shall be binding upon the Defendant and the successors,

administrators, heirs, assigns and transferees of the Defendant, and shall survive the
bankruptcy of any of them.
13.

The Court shall retain jurisdiction over this action to enforce

compliance with the terms of this Order and to amend it as necessary, pursuant to Fed. R.
Crim. P. 32.2(e).
14.

The Clerk of the Court is directed to send, by inter-office mail, three (3)

certified copies of this executed Order to FSA Paralegal Maritza Arroyo, United States

United States v. MARC WELXER, 14-CR-399(ENV)


Order of Forfeiture
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Attorney's Office, Eastern District of New York, 271 Cadman Plaza East, Brooklyn, New
York 11201.
Dated:

11V

Brooklyn4ew York
~r
,2014
fJov.w&r

pf {J.SIJT l/trrrt-1 ;1,.J o


HON~'Eruc }(VITALIANOUNITED STATES DISTRICT JUDGE

United States v. MARC WELXER, 14-CR-399(ENV)


Order of Forfeiture
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Case
U.S. Department of Justice

Courtesy Copy
United States Attorney
Eastern District of New York

Original filed Electronically

271 Cadman Plaza East

SLR:LDM:CSK
F. #2013R01203

Brooklyn, New York 11201

October 21, 2014


ByECF
The Honorable Eric N. Vitaliano
United States District Judge
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re:

United States v. Marc Wexler


Criminal Docket No. 14-CR-399 (ENV)

Dear Judge Vitaliano:


Enclosed please find a proposed Preliminary Order of Forfeiture in the abovecaptioned case, the terms of which defendant Marc Wexler has agreed to in a plea agreement
entered into in cormection with his October 15, 2014 guilty plea. Accordingly, the
government and the defendant, jointly, respectfully request that the Court "so order" the
enclosed proposed order.
Thank you for Your Honor's consideration of this request.
Respectfully submitted,
LORETTA E. LYNCH
United States Attorney
Eastern District of New York
au..~.~

By:
Claire S. Kedeshian
Winston Paes
Assistant U.S. Attorney
(718) 254-6051/6023
Enclosure
cc:
Craig Carpenito, Esq. (via ECF)

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