UN

AMERICA

Plaintiff,

V.

MOHAMED ALESSA

Defendant.

, 

CriminalNo. 11-133 (i’)

CONSENT JUDGMENT AND PRELIMINARYORDER OF FORFEITURE

WHEREAS, on July 26, 2010, the Federal Bureau of Investigation

(hereinafter “FBI”) commenced an administrative forfeiture of $3, 122 seized

from Mohamed Alessa (hereinafter “Defendant”) on June 5, 2010; and

WHEREAS, notice of the administrative forfeiture was sent to

David L. Holman, Esq., attorney for the Defendant. All timely claims

had to be received by August 30, 2010; and

WHEREAS, on August 15, 2010, the Defendant filed a deficient

administrative claim to the $3,122 with the FBI; and

WHEREAS, on August 24, 2010, the FBI notified the Defendant that his

administrative claim was deficient and extended the time to file a timely claim

to September 20, 2010; and

WHEREAS, on September 14, 2010, the Defendant filed an

administrative claim to the $3,122 with the Federal Bureau of Investigation;

and
file an Information against the Defendant, charging him with knowingly andintentionally conspiring to commit at a place outside the United States an act

that would constitute murder if committed in the special maritime and

territorial jurisdiction of the United States, and did commit an act within the

jurisdiction of the United States to effect the object of the conspiracy in

violation of 18 U.S.C. § 956(a)(1); and

WHEREAS, on or about March 3, 2011, the Defendant will plead guilty

to the Information; and

WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(G)(iii) and 28 U.S.C. §

2461, the court, in imposing a sentence on a person convicted of a federalcrime of terrorism, shall order the Defendant to forfeit all assets, foreign ordomestic derived from, involved in, or used or intended to be used to commitany federal crime of terrorism against the United States, citizens or residents of

the United States, or their property; and

WHEREAS, pursuant to the plea agreement the Defendant agreed to

forfeit $3,009 in United States currency, which amount was seized by the FBIfrom the Defendant’s checked luggage that the Defendant brought to John F.

Kennedy International Airport on or about June 5, 2010, and any all United
the Defendant is $3,122 (hereinafter the “Property”); and

WHEREAS, by virtue of the above, the United States is now entitled to all

right, title and interest in the full amount seized, namely a total of $3,122; and

WHEREAS the Defendant acknowledges that the Property was involved

in an offense in violation of 18 U.S.C. § 956(a)(1), that it constitutes assets,

foreign or domestic derived from, involved in, or used or intended to be used to

commit any federal crime of terrorism against the United States, citizens or

residents of the United States, or their property, and that the Property is

therefore subject to forfeiture to the United States pursuant to 18 U.S.C. §

981(a)(1)(G)(iii) and 28 U.S.C. § 2461; and

WHEREAS the Defendant agrees to withdraw his administrative claim

and agrees that all claims are hereby withdrawn; and

WHEREAS the Defendant agrees to administrative forfeiture of the

Property, waives all interests in and claims to the Property,. and hereby

consents to the administrative forfeiture of the Property to the United States;

and

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(2) Waives the requirements of Federal Rules of Criminal

Procedure 32.2 and 43(a) regarding notice of forfeiture in the charging

instrument, announcement of the forfeiture in the Defendant’s presence at

sentencing, and incorporation of the forfeiture in the Judgment;

(3) Acknowledges that he understands that forfeiture

of the Property will be part of the sentence imposed upon the Defendant in this

case and waives any failure by the Court to advise the Defendant of this,

pursuant to Federal Rule of Criminal Procedure 1 1(b)(1)(J), during the plea

hearing;

(4) Will, pursuant to Rule 32.2(b)(3), promptly consent to the

finalization of the order of forfeiture before sentencing if requested by the

Government to do so;

(5) Waives, and agrees to hold the United States and its

agents and employees harmless from, any and all claims whatsoever in

connection with the seizure, forfeiture, and disposal of the Property described

above;

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in favor of the United States,

and for good and sufficient cause shown,

It is hereby ORDERED, ADJUDGED, AND DECREED:

THAT the Property, namely a total of $3,122, is hereby administratively

forfeited to the United States of America pursuant to 18 U.S.C. §

981(a)(1)(G)(iii) and 28 U.S.C. § 2461, for disposition in accordance with theprovisions of 21 U.S.C. § 853 as incorporated by 18 U.S.C. § 982(b)(1); and

THAT the aforementioned forfeited property is to be held by the

appropriate United States agency in its secure custody and control until the

appropriate disposition of said Property by the United States.

ORDERED this 

day of , 2011

c_ ----- I

Honorable Dickinson R. DebevoiseUnited States District Judge
4z/iw,

Dated: I

anley Co1n, Esq.

Attorney for Defendant Mohamed Alessa

Dated: