US v Runner - Indictment

ALB:CNR/JWB/AEF

F.

#2016R00349

UNITED

STATES

DISTRICT

COURT

EASTERN

DISTRICT

OF

NEW

YORK

X

UNITED

STATES

OF

AMERICA

-

against

-

PATRICE

RUNNER,

★

0CT252018

★

LONG

ISLAND

OFFICE

578

Defendant.

THE

GRAND

JURY

CHARGES:

X

INDICTMENT

^q„R

18

(T,18,U.S.C.,

§§

981(a)(1)(C),

982(a)(1),

982(b)(1),

1341,1343,

1349,1956(a)(2),

1956(h),

1957(b),

2

and

3551

^

T.

21,

U.S.C.,

853(p);

T.

28,

U.S.C.,

§

2461(c))

SEYBERtJ.

BRGWN

m

J.

INTRODUCTION

At

all

times

relevant

to

this

Indictment,

unless

otherwise

indicated:

L

The

Defendant

and

His

Direct-Mail

Operation

1.

From

approximately

January

1994

through

November

2014,

both

dates

being

approximate

and

inclusive,

the

defendant

PATRICE

RUNNER,

together

with

others,

engaged

in

a

direct-mail

operation

based

in

Montreal,

Canada,

that

sent

fraudulent

letters

to

consumers

throughout

the

United

States

and

Canada

(the

"Direct

Mail

Operation").

The

letters

falsely

and

fraudulently

purported

to

be

individualized

communications

from

one

or

more

world-renowned

psychics.

The

letters

induced

consumers

(the

"Victims")

to

pay

fees

in

exchange

for

purportedly

personalized

astrological

services

or

for

supposedly

unique

and

supernatural

objects.

The

letters,

in

fact,

were

mass-produced

form

letters,

not

fr

om

psychics,

and

the

Victims

received

no

services

or

unique

and

supernatural

objects

after

submitting

payments.

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 1 of 14 PageID #: 1

2.

From

at

least

as

early

as

2000,

the

Canadian

corporation

9097-9394

Quebec

Inc.,

doing

business

as

Infogest

Direct

Marketing

("Infogest"),

administered

the

Direct

Mail

Operation.

Employees

of

Infogest

worked

at

the

direction

of

the

defendant

PATRICE

RUNNER

to

handle

many

of

the

daily

operations

of

the

scheme,

including

working

with

third-party

vendors

to

print

and

mail

the

letters,

tracking

responses

and

payments

by

the

Victims,

maintaining

and

updating

the

scheme's

mailing

lists

and

identifying

new

Victims

by

renting

and

trading

mailing

lists

with

other

direct

mailers.

3.

The

defendant

PATRICE

RUNNER

and

his

co-conspirators

used

a

series

of

different

company

names

(collectively,

'the

Shell

Companies")

to

hide

then-

involvement

in

the

scheme.

The

Shell

Companies

included

Canadian

registered

corporations

doing

business

as

"National

Parapsychology

Center"

and

"Zodiac

Zone,"

among

other

names,

and

two

Hong

Kong

registered

companies.

Destiny

Research

Group,

Ltd.

("DRG")

and

Destiny

Research

Center,

Ltd.

("DRC").

4.

The

defendant

PATRICE

RUNNER

resided

in

various

countries

during

the

course

of

the

scheme,

including

Canada,

Switzerland,

France,

the

Netherlands,

Costa

Rica

and

Spain.

RUNNER

managed

the

Direct

Mail

Operation,

including

directing

the

activities

of

employees

of

Infogest,

while

hiding

his

involvement

by

using

the

Shell

Companies.

II.

The

Fraudulent

Psvchic

Mailing

Scheme

A.

The

Fraudulent

Letters

5.

As

part

of

the

scheme,

the

defendant

PATRICE

RUNNER,

together

with

others,

caused

deceptive

letters

to

be

sent

to

the

Victims,

who

were

often

elderly

and

vulnerable.

The

letters

fr

audulently

represented

that

the

Victims

would

receive

personalized

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 2 of 14 PageID #: 2

letters

fr

om

a

world-renowned

psychic

offering

to

help

the

Victims

achieve

good

luck

or

material

benefits,

or

to

avoid

bad

fortune,

illness,

or

other

negative

outcomes.

Nearly

all

of

the

letters

appeared

to

come

fr

om

one

of

two

French

psychics.

Psychic

A

and

Psychic

B.

The

object

and

purpose

of

the

scheme

was

to

obtain

money

fr

om

the

Victims

by

means

of

these

false

and

fr

audulent

statements

and

material

concealments

of

fact

in

the

letters.

6.

The

defendant

PATRICE

RUNNER

and

his

co-conspirators,

together

with

others,

wrote

and

edited

the

direct-mail

letters.

The

letters

fr

audulently

represented

that

a

psychic

had

visions

and

otherwise

determined

through

the

use

of

psychic

powers

that

the

Victim

had

the

opportunity

to

achieve

great

wealth

and

happiness

or

to

avoid

illness

or

bad

fortune

with

the

psychic's

assistance.

The

scheme

included

dozens

of

different

letter

campaigns,

offering

different

services

and

objects

to

the

Victims.

The

letters

appeared

personalized,

repeatedly

referring

to

the

recipient

by

name

and

often

containing

portions

that

appeared

handwritten.

In

truth

and

in

fact,

the

letters

were

mass-produced

form

letters

that

were

not

sent

by

Psychic

A

or

Psychic

B,

who

had

no

involvement

in

sending

the

letters

or

receiving

responses

fr

om

the

Victims.

7.

Contrary

to

the

representations

in

the

letters

that

the

psychic

had

a

specific

vision

concerning

the

Victim

that

led

the

psychic

to

write

the

letter,

the

conspirators

obtained

most

of

the

Victims'

names

and

addresses

fr

om

mailing

lists.

The

defendant

PATRICE

RUNNER

worked

with

co-conspirators

to

identify

new

recipients

of

the

mass-

mailed

letters

by

renting

and

trading

mailing

lists

with

other

direct

mailers,

including

other

mailers

sending

fr

audulent

psychic

letters.

8.

The

fr

audulent

letters

directed

the

Victims

to

send

a

payment

-

usually

$5

to

$50

-

to

purchase

various

purportedly

unique

and

supematural

objects,

or

additional

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 3 of 14 PageID #: 3

purportedly

personalized

astrological

services

and

studies.

In

truth

and

in

fact,

the

purportedly

unique

and

supernatural

objects

were

mass

produced

trinkets

and

the

psychics

did

not

provide

any

personalized

astrological

services

or

studies.

9.

Many

of

the

jfraudulent

letters

directed

the

Victims

to

return

personal

items,

including

photographs,

palm

prints

and

locks

of

hair,

and

represented

that

the

psychic

would

use

those

items

to

conduct

additional

personalized

rituals

and

astrological

services.

10.

When

a

Victim

responded

to

the

fr

audulent

letters

by

returning

a

payment

or

other

requested

personal

items,

the

defendant

PATRICE

RUNNER

and

his

co-

conspirators

caused

numerous

additional

follow-up

or

"back

end"

letters

to

be

sent

to

that

Victim

purportedly

fr

om

Psychic

A

and/or

Psychic

B.

These

letters

purported

to

describe

additional

visions,

offered

additional

services

and

unique

and

supernatural

objects,

and

sought

additional

payments

-

usually

$20

to

$50

-

fr

om

the

Victim.

Victims

who

sent

a

payment

in

response

to

one

fr

audulent

letter

received

as

many

as

30

to

40

of

these

back

end

letters

in

a

single

six-month

mailing

cycle.

Many

Victims

received

more

than

100

fr

audulent

letters

fr

om

the

scheme.

11.

Through

the

execution

of

the

fr

audulent

scheme,

the

defendant

PATRICE

RUNNER

and

his

co-conspirators

caused

millions

of

these

fr

audulent

letters

to

be

sent

by

United

States

mail,

private

commercial

carrier

and

foreign

mail

to

the

Victims

throughout

the

United

States,

including

in

the

Eastern

District

of

New

York,

as

well

as

in

Canada.

B.

Use

of

Mailboxes

and

Handling

of

Mail

in

the

Eastern

District

of

New

York

12.

In

furtherance

of

the

scheme,

the

defendant

PATRICE

RUNNER,

together

with

others,

rented

and

maintained

private

mailboxes

in

multiple

locations.

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 4 of 14 PageID #: 4

including

Morristown,

New

Jersey;

Forest

Hills,

New

York;

Everett,

Massachusetts;

Medford,

Massachusetts;

Sparks,

Nevada;

and

Chicago,

Illinois.

The

mailboxes

were

opened

in

the

names

of

the

various

Shell

Companies.

13.

The

fr

audulent

letters

included

pre-printed

return

envelopes

addressed

to

Psychic

A

or

Psychic

B,

in

the

care

of

one

of

the

Shell

Companies,

at

the

address

of

one

of

the

private

mailboxes.

Following

the

instructions

in

the

fr

audulent

letters,

the

Victims

sent

correspondence

and

payments,

along

with

other

items

requested

by

the

letters,

such

as

photographs,

palm

prints

and

locks

of

hair,

to

the

addresses

on

the

pre-printed

envelopes.

14.

Defendant

PATRICE

RUNNER'S

co-conspirators

provided

instructions

that

all

mail

arriving

fr

om

the

Victims

at

the

private

mailboxes

should

be

sent

to

a

"caging

service,"

which

is

a

company

that

receives

and

handles

return

mail,

payments,

and

correspondence

on

behalf

of

a

direct

mailer.

From

at

least

as

early

as

1998

through

November

2014,

the

direct-mail

operation

used

a

caging

service

located

in

Deer

Park,

New

York,

in

the

Eastern

District

of

New

York.

15.

When

responses

fr

om

Victims

arrived

at

the

caging

service,

employees

opened

and

sorted

the

mail

according

to

instructions

fr

om

the

defendant

PATRICE

runner's

co-conspirators.

The

caging

service

removed

Victim

payments

fr

om

the

response

envelopes.

After

removing

the

payments,

caging

service

employees

threw

the

vast

majority

of

responses

fr

om

Victims

in

the

trash,

including

personal

letters

fr

om

the

Victims

to

the

purported

psychics

and

other

items

sent

by

the

Victims,

such

as

photographs,

palm

prints

and

locks

of

hair.

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 5 of 14 PageID #: 5

C.

Bank

Accounts

and

Payment

Processor

Accounts

for

the

Direct-Mail

Operation

16.

It

was

also

part

of

the

scheme

that

the

defendant

PATRICE

RUNNER,

together

with

others,

opened

accounts

with

a

payment

processing

company

in

Canada

in

the

names

of

the

Shell

Companies.

17.

The

caging

service

forwarded

Victim

payments

to

the

payment

processing

company

in

Canada

using

multiple

methods.

At

times,

the

caging

service

deposited

cash

received

jfrom

the

Victims

into

bank

accounts

controlled

by

the

caging

service.

To

transfer

the

cash

proceeds,

employees

of

the

caging

service

then

wrote

checks

to

one

of

the

Shell

Companies

and

sent

those

checks

to

the

payment

processing

company.

Also

at

times,

the

caging

service

sent

checks

and

money

orders received

fr

om

the

Victims

to

the

payment

processing

company

by

mail

and

private

commercial

carrier;

checks

and

money

orders

were

also

scanned

and

transmitted

to

the

payment

processing

company

electronically.

The

caging

service

also

at

times

provided

Victims'

credit

card

information

to

the

payment

processing

company,

which

handled

processing

of

credit

card

payments.

18.

The

defendant

PATRICE

RUNNER

and

his

co-conspirators

sent

and

caused

to

be

sent

instructions

to

the

payment

processing

company

to

disburse

the

proceeds

of

the

fr

aud

scheme

through

wire

transfers.

RUNNER

and

his

co-conspirators

directed

wire

transfers

to

bank

accounts

controlled

by

RUNNER

and

other

co-conspirators

at

banks

in

Switzerland,

Liechtenstein

and

other

countries,

as

well

as

to

pay

co-conspirators

and

vendors

that

provided

various

services

to

the

Direct

Mail

Operation.

19.

From

in

or

about

and

between

January

1994

and

November

2014,

the

Direct

Mail

Operation

received

more

than

$180

million

fr

om

more

than

one

million

Victims

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 6 of 14 PageID #: 6

in

the

United

States,

many

of

whom

were

elderly

and

vulnerable.

The

defendant

PATRICE

RUNNER

and

his

co-conspirators

used

this

money

to

enrich

themselves

and

to

promote

the

Direct

Mail

Operation.

COUNT

ONE

(Conspiracy

to

Commit

Mail

Fraud

and

Wire

Fraud)

20.

The

allegations

contained

in

paragraphs

one

through

19

are

realleged

and

incorporated

as

if

fully

set

forth

in

this

paragraph.

21.

In

or

about

and

between

January

1994

and

November

2014,

both

dates

being

approximate

and

inclusive,

within

the

Eastem

District

of

New

York

and

elsewhere,

the

defendant

PATRICE

RUNNER,

together

with

others,

did

knowingly

and

intentionally

conspire

to

devise

a

scheme

and

artifice

to

defraud

the

Victims,

and

to

obtain

money

and

property

from

the

Victims

by

means

of

materially

false

and

fraudulent

pretenses,

representations

and

promises,

and

for

the

purpose

of

executing

such

scheme

and

artifice,

to

(a)

place

and

cause

to

be

placed

one

or

more

matters

and

things

in

a

post

office

and

authorized

depository

for

mail

matter,

to

be

sent

and

delivered

by

the

United

States

Postal

Service,

and

to

deposit

and

cause

to

be

deposited

one

or

more

matters

and

things

to

be

sent

and

delivered

by

private

and

commercial

interstate

carrier,

and

to

take

and

receive

therefrom

one

or

more

such

matters

and

things,

contrary

to

Title

18,

United

States

Code,

Section

1341,

and

(b)

transmit

and

cause

to

be

transmitted,

by

means

of

wire

communication

in

interstate

or

foreign

commerce,

writings,

signs,

signals,

pictures

and

sounds,

contrary

to

Title

18,

United

States

Code,

Section

1343.

(Title

18,

United

States

Code,

Sections

1349

and

3551

et

seq.l

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 7 of 14 PageID #: 7

COUNTS

TWO

THROUGH

THIRTEEN

(Mail

Fraud)

22.

The

allegations

contained

in

paragraphs

one

through

19

are

realleged

and

incorporated

as

if

ft

illy

set

forth

in

this

paragraph.

23.

In

or

about

and

between

January

1994

and

November

2014,

both

dates

being

approximate

and

inclusive,

within

the

Eastern

District

of

New

York

and

elsewhere,

the

defendant

PATRICE

RUNNER,

together

with

others,

did

knowingly

and

intentionally

devise

a

scheme

and

artifice

to

defraud,

and

to

obtain

money

and

property

by

means

of

materially

false

and

fi

-audulent

pretenses,

representations

and

promises,

and

for

the

purpose

of

executing

such

scheme

and

artifice,

did

place

and

cause

to

be

placed

one

or

more

matters

and

things

in

a

post

office

and

authorized

depository

for

mail

matter,

to

be

sent

and

delivered

by

the

United

States

Postal

Service,

and

did

deposit

and

cause

to

be

deposited

one

or

more

matters

and

things

to

be

sent

and

delivered

by

private

and

commercial

interstate

carrier,

and

did

take

and

receive

therefi-om

such

matters

and

things,

as

set

forth

below:

Count

Approximate

Date

Description

TWO

December

2013

Payment

fi

*om

Victim

B.S.,

sent

by

private

interstate

carrier

to

caging

service

in

Deer

Park,

New

York

THREE

January

2014

Letter

purporting

to

be

from

Psychic

A,

sent

by

United

States

mail

to

Victim

I.W.

in

Farmingdale,

New

York

FOUR

February

2014

Payment

fi

*om

Victim

J.D.,

sent

by

private

interstate

carrier

to

caging

service

in

Deer

Park,

New

York

FIVE

February

2014

Payment

fi

-om

Victim

W.G.,

sent

by

private

interstate

carrier

to

caging

service

in

Deer

Park,

New

York

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 8 of 14 PageID #: 8

SIX

March

2014

Payment

jfrom

Victim

B.C.,

sent

by

private

interstate

carrier

to

caging

service

in

Deer

Park,

New

York

SEVEN

March

2014

Letter

purporting

to

be

from

Psychic

A,

sent

by

United

States

mail

to

Victim

F.B.

in

Farmingdale,

New

York

EIGHT

April

2014

Letter

purporting

to

be

fr

om

Psychic

B,

sent

by

United

States

mail

to

Victim

B.D.

in

Arveme,

New

York

NINE

May

2014

Payment

fr

om

Victim

K.A.,

sent

by

private

interstate

carrier

to

caging

service

in

Deer

Park,

New

York

TEN

June

2014

Payment

fr

om

Victim

M.Sm.,

sent

by

private

interstate

carrier

to

caging

service

in

Deer

Park,

New

York

ELEVEN

August

2014

Payment

fr

om

Victim

M.So.,

sent

by

private

interstate

carrier

to

caging

service

in

Deer

Park,

New

York

TWELVE

August

2014

Payment

fr

om

Victim

S.W.,

sent

by

private

interstate

carrier

to

caging

service

in

Deer

Park,

New

York

THIRTEEN

October

2014

Letter

purporting

to

be

fr

om

Psychic

A,

sent

by

United

States

mail

to

Victim

K.E.

in

Calverton,

New

York

(Title

18,

United

States

Code,

Sections

1341,

2

and

3551

et

seq.)

COUNTS

FOURTEEN

THROUGH

SEVENTEEN

(Wire

Fraud)

24.

The

allegations

contained

in

paragraphs

one

through

19

are

realleged

and

incorporated

as

if

fully

set

forth

in

this

paragraph.

25.

In

or

about

and

between

January

1994

and

November

2014,

both

dates

being

approximate

and

inclusive,

within

the

Eastem

District

of

New

York

and

elsewhere,

the

defendant

PATRICE

RUNNER,

together

with

others,

did

knowingly

and

intentionally

devise

a

scheme

and

artifice

to

defraud

and

to

obtain

money

and

property

by

means

of

materially

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 9 of 14 PageID #: 9

10

false

and

fr

audulent

pretenses,

representations

and

promises,

and

for

the

purposes

of

executing

such

scheme

and

artifice

did

transmit

and

cause

to

be

transmitted,

by

means

of

wire

communication

in

interstate

and

foreign

commerce,

one

or

more

writings,

signs,

signals,

pictures

and

sounds,

as

set

forth

below:

Count

Approximate

Date

Description

FOURTEEN

April

14,2014

Wire

transfer

of

$49,089.20

fr

om

payment

processing

company

in

Canada

to

caging

service

in

Deer

Park,

New

York

FIFTEEN

May

2,

2014

Wire

transfer

of

$31,473.99

fr

om

payment

processing

company

in

Canada

to

caging

service

in

Deer

Park,

New

York

SIXTEEN

May

13,2014

Wire

transfer

of

$41,027.86

fr

om

payment

processing

company

in

Canada

to

caging

service

in

Deer

Park,

New

York

SEVENTEEN

May

30,2014

Wire

transfer

of

$33,344.66

fr

om

payment

processing

company

in

Canada

to

caging

service

in

Deer

Park,

New

York

(Title

18,

United

States

Code,

Sections

1343,2

and

3551

et

sea.)

COUNT

EIGHTEEN

(Conspiracy

to

Commit

Money

Laundering)

26.

The

allegations

contained

in

paragraphs

one

through

19

are

realleged

and

incorporated

as

if

fully

set

forth

in

this

paragraph.

27.

In

or

about

and

between

January

1994

and

November

2014,

both

dates

being

approximate

and

inclusive,

within

the

Eastern

District

of

New

York

and

elsewhere,

the

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 10 of 14 PageID #: 10

11

defendant

PATRICE

RUNNER,

together

with

others,

did

knowingly

and

intentionally

conspire

to:

(a)

transport,

transmit

and

transfer

funds

fr

om

one

or

more

places

in

the

United

States

to

and

through

one

or

more

places

outside

the

United

States

and

to

one

or

more

places

in

the

United

States

fr

om

and

through

one

or

more

places

outside

the

United

States

(i)

with

the

intent

to

promote

the

carrying

on

of

one

or

more

specified

unlawful

activity,

to

wit:

mail

fr

aud,

in

violation

of

Title

18,

United

States

Code,

Section

1341,

and

wire

fr

aud,

in

violation

of

Title

18,

United

States

Code,

Section

1343,

and

(ii)

knowing

that

the

funds

involved

in

the

transportation,

transmission

and

transfer

would

represent

the

proceeds

of

some

form

of

unlawful

activity

and

knowing

that

such

transportation,

transmission

and

transfer

would

be

designed

in

whole

and

in

part

to

conceal

and

disguise

the

nature,

the

location,

the

source,

the

ownership

and

the

control

of

the

proceeds

of

specified

unlawful

activity,

contrary

to

Title

18,

United

States

Code,

Sections

1956(a)(2)(A)

and

1956(a)(2)(B)(i);

and

(b)

engage

and

attempt

to

engage

in

monetary

transactions

in

and

affecting

interstate

and

foreign

commerce,

including

deposits,

withdrawals

and

transfers

of

funds

and

monetary

instruments,

in

criminally

derived

property

that

was

of

a

value

greater

than

$10,000

and

that

was

derived

fr

om

one

or

more

specified

unlawful

activity,

to

wit:

mail

fr

aud,

in

violation

of

Title

18,

United

States

Code,

Section

1341,

and

wire

fr

aud,

in

violation

of

Title

18,

United

States

Code,

Section

1343,

contrary

to

Title

18,

United

States

Code,

Section

1957.

(Title

18,

United

States

Code,

Sections

1956(h),

1956(a)(2),

1957(b)

and

3551

et

seq.)

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 11 of 14 PageID #: 11

12

CRIMINAL

FORFEITURE

ALLEGATION

AS

TO

COUNTS

ONE

THROUGH

SEVENTEEN

28.

The

United

States

hereby

gives

notice

to

the

defendant

that,

upon

his

conviction

of

any

of

the

offenses

charged

in

Counts

One

through

Seventeen,

the

government

will

seek

forfeiture

in

accordance

with

Title

18,

United

States

Code,

Section

981(a)(1)(C)

and

Title

28,

United

States

Code,

Section

2461(c),

which

require

any

person

convicted

of

such

offenses

to

forfeit

any

property,

real

or

personal,

constituting,

or

derived

fr

om,

proceeds

obtained

directly

or

indirectly

as

a

result

of

such

offenses.

29.

If

any

of

the

above-described

forfeitable

property,

as

a

result

of

any

act

or

omission

of

the

defendant:

(a)

cannot

be

located

upon

the

exercise

of

due

diligence;

(b)

has

been

transferred

or

sold

to,

or

deposited

with,

a

third

party;

(c)

has

been

placed

beyond

the

jurisdiction

of

the

court;

(d)

has

been

substantially

diminished

in

value;

or

(e)

has

been

commingled

with

other

property

which

cannot

be

divided

without

difficulty;

it

is

the

intent

of

the

United

States,

pursuant

to

Title

21,

United

States

Code,

Section

853(p),

to

seek

forfeiture

of

any

other

property

of

the

defendant

up

to

the

value

of

the

forfeitable

property

described

in

this

forfeiture

allegation.

(Title

18,

United

States

Code,

Section

981(a)(1)(C);

Title

21,

United

States

Code,

Section

853(p);

Title

28,

United

States

Code,

Section

2461(c))

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 12 of 14 PageID #: 12

13

CRIMINAL

FORFEITURE

ALLEGATION

AS

TO

COUNT

EIGHTEEN

30.

The

United

States

hereby

gives

notice

to

the

defendant

that,

upon

his

conviction

of

the

offense

charged

in

Count

Eighteen,

the

government

will

seek

forfeiture

in

accordance

with

Title

18,

United

States

Code,

Section

982(a)(1),

which

requires

any

person

convicted

of

such

offense

to

forfeit

any

property,

real

or

personal,

involved

in

such

offense,

or

any

property

traceable

to

such

property.

31.

If

any

of

the

above-described

forfeitable

property,

as

a

result

of

any

act

or

omission

of

the

defendant:

(a)

cannot

be

located

upon

the

exercise

of

due

diligence;

(b)

has

been

transferred

or

sold

to,

or

deposited

with,

a

third

party;

(c)

has

been

placed

beyond

the

jurisdiction

of

the

court;

(d)

has

been

substantially

diminished

in

value;

or

(e)

has

been

commingled

with

other

property

which

cannot

be

divided

without

difficulty;

it

is

the

intent

of

the

United

States,

pursuant

to

Title

21,

United

States

Code,

Section

853(p),

as

incorporated

by

Title

18,

United

States

Code,

Section

982(b)(1),

to

seek

forfeiture

of

any

Case 2:18-cr-00578-ADS Document 1 Filed 10/25/18 Page 13 of 14 PageID #: 13

14

other

property

of

the

defendant

up

to

the

value

of

the

forfeitabic

property

described

in

this

forfeiture

allegation.

(Title

18,

United

Stales

Code,

Sections

982(a)(1)

and

982(b)(1);

Title

21,

United

Stales

Code.

Section

853(p))

A

TRUE

BILL

rOREPERSON

RICHARD

P.

DONOGHUE

UNITED

STATES

ATTORNl-Y

EASTERN

DISTRICI

OF

NEW

YORK

'gustav

w.

eyler

ACTING

DIRECTOR

CONSUMER

PROTECTION

BRANCH

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