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United States v. Sekhon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 18, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAGPRIT SINGH SEKHON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

STIPULATION AND APPLICATION FOR A MONEY JUDGMENT; ORDER

The United States and defendant Jagprit Singh Sekhon stipulate to the entry of a Money Judgment based on the Application of the United States, as set forth below:

1. The Second Superseding Indictment in this case charges defendant Jagprit Singh Sekhon with Conspiracy to Defraud the United States, and to Make False Statements in Asylum Application in violation of 18 U.S.C. § 371, False Statements in Asylum Applications, and Aiding and Abetting in violation of 18 U.S.C. § 1546 and 2, Aiding and Abetting False Statements in violation of 18 U.S.C. § 1001 and 2, and Conspiracy to Make False Statements in violation of 18 U.S.C. § 371. The Second Superseding Indictment included a forfeiture allegation.

2. On June 25, 2009, defendant Jagprit Singh Sekhon was found guilty of Count One which charges him with Conspiracy to Defraud the United States, and to Make False Statements in Asylum Application in violation of 18 U.S.C. § 371; Counts Three, Five, Six, and Nine through Twelve which charge him with False Statements in Asylum Applications, and Aiding and Abetting in violation of 18 U.S.C. § 1546 and 2, among other charges.

3. Defendant Jagprit Singh Sekhon stipulates and agrees to forfeit voluntarily and immediately $170,000, as a personal money judgment pursuant to Fed. R. Crim. P. 32.2(b)(1), which reflects a reasonable compromise between the parties for forfeiture purposes concerning the proceeds the defendant obtained as a result of violations of 18 U.S.C. §§ 371 and 1546, to which he has been found guilty.

4. Plaintiff hereby applies for entry of a money judgment as follows:

a. Pursuant to 18 U.S.C. § 982(a)(6)(A)(ii)(I) and Fed. R. Crim. P. 32.2(b)(1), the Court shall impose a personal forfeiture money judgment against defendant Jagprit Singh Sekhon in the amount of $170,000.

b. The above-referenced personal forfeiture money judgment is imposed based on defendant Jagprit Singh Sekhon's conviction for violating 18 U.S.C. §§ 371 and 1546. Said amount reflects a reasonable compromise between the parties for forfeiture purposes concerning the proceeds the defendant obtained, which the defendant agrees is subject to forfeiture based on the offense of conviction. Any funds applied towards such judgment shall be forfeited to the United States of America and disposed of as provided for by law.

5. Payment of the personal forfeiture money judgment should be made in the form of a cashier's check made payable to Customs and Border Protection and sent to the U.S. Attorney's Office, Att: Asset Forfeiture Unit, 501 I Street, Suite 10-100, Sacramento, CA 95814. Prior to the imposition of sentence, any funds delivered to the United States to satisfy the personal money judgment shall be seized and held by the U.S. Department of Homeland Security, Customs and Border Protection in its secure custody and control.

LAWRENCE G. BROWN United States Attorney

CAMIL A. SKIPPER Assistant U.S. Attorney

JAGPRIT SINGH SEKHON Defendant

MICHAEL STEPANIAN RANDY SUE POLLOCK Attorneys for Defendant

ORDER

For good cause shown, the Court hereby imposes a personal forfeiture money judgment against defendant Jagprit Singh Sekhon in the amount of $170,000. Any funds applied towards such judgment shall be forfeited to the United States of America and disposed of as provided for by law. Prior to the imposition of sentence, any funds delivered to the United States to satisfy the personal money judgment shall be seized and held by the U.S. Department of Homeland Security, Customs and Border Protection, in its secure custody and control.

IT IS SO ORDERED.

20090818

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