2011R000415 

LS/ms 

UNITED STATES OF AMERICA 

Plaintiff, 

v. 

PASQUALE ZINNA 

Defendant. 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

Honorable Katharine S. Hayden 

Criminai.No. 11-165 · 

CONSENT JUDGMENT AND 

ORDER OF FORFEITURE 

WHEREAS, .on .or about December·20, 2011, ·defen~ant Pasqual~ Zinna pled 

guilty pursuant to a plea agreement with the United States to an Indictment charging 

him with Social Security fraud in violation of 42 U.S.C. § 408, and structuring financial 

transactions in violation of 31 U.S.C. § 5324(a)(3}: and 

WHEREAS •. pur:suant to 31 U.S.C. § 5317, a person convicted of an offense in 

violation of 31 U.S.C. § 5324 shall forfeit to the United States any property, real or 

personal, involved in the offense and any property thereto; and 

WHEREAS the sum of $98,000 is subject to forfeiture by defendant Pasquale 

Zinna ~s property •. ~eal or .personal, that was·lnvolved in the offense to which defendant . . 

Pasquale Zlnna has pled guilty; and 

WHEREAS the defendant Pasquale Zinna, pursuant to his plea agreement with 

the United States has agreed to hand-deliver to the Asset Forfeiture and Money 

Laundering Unit of the Uni.~ed States A~omey's Office, District of New Jersey, a certified . . 
bank check payable to the United States Treasury in the amount of $98,000, prior to his 

sentencing date; and 

WHEREAS if by any ~ct or omission of the defendant, any property subject to 

: forfeitu~e: · . · 

(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 dimlnis~ed in value: or 

(E) has b'een commingled with other.property which cannot be 

divided without difficulty, 

it is the intent of the United States to seek forfeiture of any other property of the 

defendant up to the value of the property subject to forfeiture pursuant to 21 U.S.C. § . ·. . . ~ . . . . . 

853(p);as incorporated.by 28 U.S.C. § 2461(c); and 

WHEREAS defendant Pasquale Zinna: 

(1) Consents to the forfeiture to the Unit~d States of $98,000 as 

property, re.al or personal, involved in the offense to which he pled guilty; ·. . . . 

(2) · Agrees to consent prom.ptly upon request to the entry of any orders 

deemed necessary by the government or the Court to complete the forfeiture and 

disposition of property; 

(3) Waives the requirements of Federal Rules of Criminal Procedure 

32.~ and .43(a) regarding notice of .forfeiture in the ¢ha~glng instrument, announcement 

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forfeiture in the Judgment of Conviction; 

(4) Acknowledges that he understands that forfeiture of property will be 

part of the sentence imposed upon him in this case and waives any failure by the Court 

·to ·advise· h.im ·of this,· -purs.~anf to .Federal Rule ofC.rimtnai.Procedure ·11 (b)( 1 ")( J ), during 

the plea hearing; 

(5) Agrees, pursuant to Rule 32.2(b)(3), to consent promptly to the 

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

·to·do so·· 

.. ·• 

(6) 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; and 

:. (7) .. Wal~~-~ .all. ponstitu~ionaLand statutory challenges of any kind to 

any forfeiture carried out pursuant to this Consent Judgment; 

WHEREAS Rule 32.2(c)(1) provides that no ancillary proceeding is required to 

the extent that the forfeiture consists of a money judgment; and 

WHEREAS good and sufficient cause has be·en shown, 

It is hereby ORDERED, ADJUDGE.D, AND DECREED: 

THAT, puf$uantto.31 .u.s.q. § 5317,.defenda.nt Pasquale Zinna shall forfeit to . ' . . . . ' 

. . . 

the United States· the sum of $98,000; and 

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IT IS FURTHER ORDERED that a money judgment in the arnount of $98,000 

. shall be·entered again.st defendant Pasq4al.e Zi.nna: and . . . . ·.. . 

IT IS FURTHER ORDERED that the United States District Court shall retain 

jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed. R. 

Crim. P. 32.2(e); and 

IT IS· FURTHER· ORDERED t~at pursuant_ to Rule 32.2(b )( 4 )(A), this Order of . . .. . . 

Forfeiture shall become final as to defendant Pasquale Zinna at the time of sentencing, 

or before sentencing if the defendant consents, and shall be made part of the sentence 

and included in the judgment; and 

'T IS FURTHER ORDERE~ that ~he United States may move at any time . . . . 

pursuant to Rule 32.2(e) and 21 U.S.C. § 853(p) to amend this Order of Forfeiture to 

include substitute property having a value not to exceed $98,000 in United States 

currency to satisfy the forfeiture money judgment in whole or in part. 

ORDERED thl~ay of , 2012. . 

The undersigned hereby 

consent to the entry and 

form of this order: 

PAUL J. FISHMAN 

United States Attomey 

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Honorable Katharine ~. Hayden 

United States District Judge 
· Daled: ..5j~,..:s j; ·z--

MAURICE H. s·~R .R ·· ESQ. 

Attorney. for Defend~n Pasquale Zinna · 

Dated: 

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