Case 1:16-cr-00841-GBD Document 34 Filed 03/20/19 Page 1 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA

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CONSENT PRELIMIN~Y-ORDER ,,
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EV ALDAS RIMASAUSKAS,
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Defendant.

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WHEREAS, on or about December 22, 20 I 6, EV ALDAS RIMASAUSKAS

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"Defendant"), was charged in a five-count Indictment, 16 Cr. 841 (GBD) (the" Indictment"), with
wire fraud in violation of Title 18, United States Code, Section 1343 (Count One); aggravated
identity theft, in violation of Title 18, United States Code, Sections 1028A and 2 (Count Two);
money laundering, in violation of Title 18, Sections 1956(a)(l)(B) and 1956(a)(2)(B)(i) and 2,
1957(a) and 2 (Counts Three through Five);
WHEREAS, the Indictment included a forfeiture allegation as to Count One
seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section
98l(a)(l)(C), and Title 28, United States Code, Section 2461, any and all property, real and
personal, that constitutes or is derived from proceeds traceable to the offense alleged in Count One
of the Indictment including but not limited to a sum of money in United States currency
representing the amount of proceeds traceable to the commission of the offense in Count One of
the Indictment;
WHEREAS, on or about February 6, 2019, the defendant pled guilty to Count
One of the Indictment, pursuant to an agreement with the Government, wherein the defendant
admitted the forfeiture allegation with respect to Count One of the Indictment, and agreed to
forfeit, to the United States, pursuant to Title 18, United States Code, Sections 981(a)(l)(C) and
Title 28, United States Code, Section 2461 (i) a sum of money equal to $49,738,559.41 in United

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 Case 1:16-cr-00841-GBD Document 34 Filed 03/20/19 Page 2 of 6
States currency representing the amount of proceeds traceable to the offense in Count One of the
Indictment and (ii) all right, title, and interest of the defendant in the following property:

(a) All funds on deposit in Account Number LV40UNLA0050021164270
held at SEB Bank, Latvia, up to a total of $23,260,450.17 (the "Specific
Property")
WHEREAS, the defendant consents to the entry of a money judgment in the amount
of$49,738,559.41 in United States currency, representing the amount of proceeds traceable to the
commission of the offense charged in Count One of the Indictment that the defendant personally
obtained;
WHEREAS, the Defendant further consents to the forfeiture of all his right, title,
and interest in the Specific Property, which constitutes proceeds traceable to the commission of
the offense alleged in Count One of the Indictment;
WHEREAS, the defendant admits that, as a result of acts and/or omissions of the
defendant, the proceeds traceable to the offense charged in Count One of the Indictment that the
defendant personally obtained cannot be located upon the exercise of due diligence, with the
exception of the Specific Property; and
WHEREAS, pursuant to Title 21, United States Code, Section 853(g), and Rules
32.2(b)(3), and 32.2(b)(6) of the Federal Rules of Criminal Procedure, the Government is now
entitled, pending any assertion of third-party claims, to reduce the Specific Property to its
possession and to notify any and all persons who reasonably appear to be a potential claimant of
their interest herein;
IT IS HEREBY STIPULATED AND AGREED, by and between the United States
of America, by its attorney Geoffrey S. Berman, United States Attorney, Assistant United States

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 Case 1:16-cr-00841-GBD Document 34 Filed 03/20/19 Page 3 of 6
Attorney, EUN YOUNG CHOI of counsel, and the defendant, and his counsel, PAUL D. PETRUS
JR, ESQ., that
1.

As a result of the offense charged in Count One of the Indictment,

to which the defendant pled guilty, a money judgment in the amount of $49,738,559.41 in United
States currency (the "Money Judgment"), representing the amount of proceeds traceable to Count
One of the

Indictment that the defendant personally obtained, shall be entered against the

defendant.
2.

As a result of the offense charged in Count One of the Indictment, to which

the defendant pled guilty, all of the defendant's right, title and interest in the Specific Property is
hereby forfeited to the United States for disposition in accordance with the law, subject to the
provisions of Title 21, United States Code, Section 853.
3.

Pursuant to Rule 32.2(b )(4) of the Federal Rules of Criminal Procedure,

upon entry of this Consent Preliminary Order of Forfeiture as to Specific Property/Money
Judgment, this Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment
is final as to the defendant EV ALDAS RIMASAUSKAS, and shall be deemed part of the sentence
of the defendant, and shall be included in the judgment of conviction therewith.
4.

All payments on the outstanding Money Judgment shall be made by postal

money order, bank or certified check, made payable to the United States Marshals Service, and
delivered by mail to the United States Attorney's Office, Southern District of New York, Attn:
Money Laundering and Transnational Criminal Enterprises Unit, One St. Andrew's Plaza, New
York, New York 10007 and shall indicate the defendant's name and case number.
5.

The United States Marshals Service is authorized to deposit the payments

on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title
to such forfeited property.
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Case 1:16-cr-00841-GBD Document 34 Filed 03/20/19 Page 4 of 6
6.

Upon entry of this Consent Preliminary Order of Forfeiture as to Specific

Property/Money Judgment, the United States (or its designee) is hereby authorized to take
possession of the Specific Property and to hold such property in its secure custody and control.
7.

Pursuant to Title 21, United States Code, Section 853(n)(l), Rule 32.2(b)(6)

of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(5)(a)(ii) of the
Supplemental Rules for Certain Admiralty and Maritime Claims and Asset Forfeiture Actions, the
United States is permitted to publish forfeiture notices on the government internet site,
www.forfeiture.gov. This site incorporates the forfeiture notices that have been traditionally
published in newspapers. The United States forthwith shall publish the internet ad for at least thirty
(30) consecutive days. Any person, other than the defendant, claiming interest in the Specific
Property must file a Petition within sixty (60) days from the first day of publication of the Notice
on this official government internet web site, or no later than thirty-five (35) days from the mailing
of actual notice, whichever is earlier.
8.

The published notice of forfeiture shall state that the petition (i) shall be for

a hearing to adjudicate the validity of the petitioner's alleged interest in the Specific Property, (ii)
shall be signed by the petitioner under penalty of perjury, and (iii) shall set forth the nature and
extent of the petitioner's right, title or interest in the Specific Property, the time and circumstances
of the petitioner's acquisition of the right, title and interest in the Specific Property, any additional
facts supporting the petitioner's claim, and the relief sought, pursuant to Title 21, United States
Code, Section 853(n).
9.

Pursuant to 32.2 (b)(6)(A) of the Federal Rules of Criminal Procedure, the

Government shall send notice to any person who reasonably appears to be a potential claimant
with standing to contest the forfeiture in the ancillary proceeding.

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 Case 1:16-cr-00841-GBD Document 34 Filed 03/20/19 Page 5 of 6
10.

Upon adjudication of all third-party interests, this Court will enter a Final

Order of Forfeiture with respect to the Specific Property pursuant to Title 21, United States Code,
Section 853(n), in which all interests will be addressed. All Specific Property forfeited to the
United States under a Final Order of Forfeiture shall be applied towards the satisfaction of the
Money Judgment.
11.

Pursuant to Title 21, United States Code, Section 853(p), the United States

is authorized to seek forfeiture of substitute assets of the defendant up to the uncollected amount
of the Money Judgment.
12.

Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the

United States Attorney's Office is authorized to conduct any discovery needed to identify, locate
or dispose of forfeitable property, including depositions, interrogatories, requests for production
of documents and the issuance of subpoenas.
13.

The Court shall retain jurisdiction to enforce this Consent Preliminary Order

of Forfeiture as to Specific Property/Money Judgment, and to amend it as necessary, pursuant to
Rule 32.2 of the Federal Rules of Criminal Procedure.
14.

The Clerk of the Court shall forward three certified copies of this Consent

Preliminary Order of Forfeiture as to Specific Property/Money Judgment to Assistant United
States Attorney Alexander J. Wilson, Co-Chief of the Money Laundering and Transnational
Criminal Enterprises Unit, United States Attorney's Office, One St. Andrew's Plaza, New York,
New York 10007.

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 Case 1:16-cr-00841-GBD Document 34 Filed 03/20/19 Page 6 of 6
15.

The signature page of this Consent Preliminary Order of Forfeiture as to

Specific Property/Money Judgment may be executed in one or more counterparts, each of which
will be deemed an original but all of which together will constitute one and the same instrument.

AGREED AND CONSENTED TO:
GEOFFREY S. BERMAN
United States Attorney for the
Southern District of New York

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By:

DATE

EV ALDAS RIMASAUSKAS

By:
DATE

By ~R.,EG'
The Empire State Building
350 Fifth Avenue, Suite 4020
New York, NY 10118

SO ORDERED:

'MAR 2 o2019
lLJl'\.iLlLI•L-E GEORGE B. DANIELS
ATES DISTRICT JUDGE

DATE

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