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United States v. Bernik

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


February 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALEXSANDR BERNIK, DEFENDANT.

The opinion of the court was delivered by: John A. Mendez United States District Judge

APPLICATION AND ORDER FOR MONEY JUDGMENT

On October 20, 2009, defendant Alexsandr Bernik entered a guilty plea to Counts One and Two of the Indictment, which charges him with wire fraud in violation of 18 U.S.C. § 1343, among other charges.

As part of his plea agreement with the United States, defendant Alexsandr Bernik agreed to forfeit voluntarily and immediately up to $177,486.19, 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. § 1343. See Defendant Bernik's Plea Agreement ¶ II.D. Plaintiff hereby applies for entry of a money judgment as follows:

1. Pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b)(1), the Court shall impose a personal forfeiture money judgment against defendant Alexsandr Bernik in the amount of $177,486.19.

2. The above-referenced personal forfeiture money judgment is imposed based on defendant Alexsandr Bernik's conviction for violating 18 U.S.C. § 1343 (Counts One and Two). Said amount reflects a reasonable compromise between the parties for forfeiture purposes concerning the proceeds the defendant obtained, which the defendant agreed is subject to forfeiture. Any funds applied towards such judgment shall be forfeited to the United States of America and disposed of as provided for by law.

3. Payment of the personal forfeiture money judgment should be made in the form of a cashier's check made payable to the U.S. Secret Service 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. Secret Service, in its secure custody and control.

DATED: 02/11/2010

BENJAMIN B. WAGNER United States Attorney

JEAN M. HOBLER Special Assistant U.S. Attorney

ORDER

For good cause shown, the Court hereby imposes a personal forfeiture money judgment against defendant Alexsandr Bernik in the amount of $177,486.19. 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. Secret Service, in its secure custody and control.

IT IS SO ORDERED.

20100212

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