2008R01264/ja

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA Honorable Jose L. Linares

Plaintiff Criminal No. 11-366

V.

CONSENT JUDGMENT AND

JOHN ALFY SALAMA MARKUS, PRELIMINARY ORDER OF

FORFEITURE

a/k/a “John Salama,”

a/k/a “John Alfy Salama,”

a/k/a “Habib

Defendant.

WHEREAS, on June 1, 2011, the United States filed an Indictment,

Criminal No. 11-366, against defendant John Alfy Salama Markus charging him

with wire fraud, in violation of Title 18, United States Code, Sections 1343

and1346; conspiracy to defraud the United States and to commit the offense of

bribery, contrary to Title 18, United States Code, Section 201, in violation of Title

18, United States Code, Section 371; use of a facility in interstate or foreign

commerce to distribute proceeds of an unlawful activity and to otherwise

promote and facilitate such unlawful activity, in violation of Title 18, United

States Code, Sections 1952(a)(1) and (3); and money laundering in violation of

Title 18, United States Code, Section 1957; and (4) multiple tax offenses; and

WHEREAS, on September 7, 2012, defendant John Alfy Salama Markus

pled guilty to Count 5, Count 39 and Count 54 of the Indictment; and
WHEREAS, pursuant to Title 18, United States Code, Section 981(a)(1)(C)

and Title 28, United States Code, Section 246 1(c), a person convicted of an

offense in violation of Title 18, United States Code, Sections 1343 and 1346, shall

forfeit to the United States any property, real or personal, which constitutes or is

derived from proceeds traceable to the commission of the offense; and

WHEREAS, pursuant to Title 18, United States Code, Section 982, a

person convicted of an offense in violation of Title 18, United States Code,

Section 1957 shall forfeit to the United States any property, real or personal, that

was involved in the offense or is traceable to such property; and

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

a) A money judgment in the amount of at least $3,700,000 in

United States currency;

b) all right, title, and interest, including all appurtenances and

improvements thereon, in the real property known as the

Salama Markus Residence, which is located at 404 Jacob

Court, Nazareth, Pennsylvania 18064, more particularly

described as Parcel Number H7-5-1 1-21-0406, Block No. 5,

Lot No. 11-2 1 in the County of Northampton,

c) a 2007 Cadillac STS, 4-door sedan bearing Vehicle

Identification Number (“yIN”) I G6DW677970 183529;

d) a 2008 Harley-Davidson Electra Glide Ultra Classic

motorcycle bearing VIN 1 HD 1 FC4488Y64093 8;

e) a 2007 Chevrolet Corvette Convertible bearing VIN

1G 1YY36U2751 39074;

f) a 2008 Subaru Tribeca bearing VIN 454WX93D9844 14323;

g) a 2009 Harley-Davidson motorcycle bearing VIN

1HD 1IAM 1 19Y852405;
h) a 2008 Ford F-450 Truck bearing VIN 1FTXW43R98EE25374;

and

i) a 2009 Lexus IS 250, 4-door sedan, bearing VIN

JTHCK262595028371 (items a-i collectively the “Forfeitable

Property” )(items b-i collectively the “Specific Assets”).

WHEREAS, defendant John Alfy Salama Markus acknowledges that the

Forfeitable Property was involved in an offense in violation of Title 18, United

States Code, Section 1957, that it represents the amount of proceeds obtained as

a result of his offenses or is derived from proceeds traceable to the commission of

his wire fraud offenses in violation of 18 U.S.C. § 1343 as set forth in the

Indictment, and that the Forfeitable Property is therefore subject to forfeiture to

the United States pursuant to Title 18, United States Code, Section 981(a)(1)(c),

Title 28, United States Code, Section 2461(c), and Title 18, United States Code,

Section 982; and

WHEREAS, defendant John Alfy Salama Markus agreed to forfeit the

Forfeitable Property, waives all interests in and claims to the Forfeitable

Property, and hereby consents to the forfeiture of the Forfeitable Property to the

United States; and

WHEREAS, defendant John Alfy Salama Markus wife, Susan Murray,

entered into an agreement whereby she disclaimed any interest in the Forfeitable

Property, consents to the judicial forfeiture of the Forfeitable Property and

further agrees to execute whatever documents are necessary to transfer clear

title to the United States; and

WHEREAS, defendant John Alfy Salama Markus:
(1) Agrees to consent promptly upon request to the entry of any

orders deemed necessary by the Government or the Court to complete the

forfeiture arid disposition of the Forfeitable Property;

(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 his presence at sentencing, and

incorporation of the forfeiture in the Judgment;

(3) Acknowledges that he understands that forfeiture of the

Forfeitable Property will be part of the sentence imposed upon him in this case

and waives any failure by the Court to advise defendant John Alfy Salama

Markus 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 Forfeitable Property described above;

(6) Waives all constitutional and statutory challenges of any kind

to any forfeiture carried out pursuant to this consent judgment;

(7) Agrees to cooperate in resolving third-party claims in favor of

the United States, and for good and sufficient cause shown;

‘-4’-
It is hereby ORDERED, ADJUDGED, AND DECREED:

THAT the herein described assets, namely:

a) A money judgment in the amount of at least $3,700,000 in

United States currency;

b) all right, title, and interest, including all appurtenances and

improvements thereon, in the real property known as the

Salama Markus Residence, which is located at 404 Jacob

Court, Nazareth, Pennsylvania 18064, more particularly

described as Parcel Number H7-5-11-21-0406, Block No. 5,

Lot No. 11-21 in the County of Northampton,

c) a 2007 Cadillac STS, 4-door sedan bearing Vehicle

Identification Number (“yIN”) 1 G6DW677970 183529;

d) a 2008 Harley-Davidson Electra Glide Ultra Classic

motorcycle bearing VIN 1HD1FC4488Y640938;

e) a 2007 Chevrolet Corvette Convertible bearing VIN

1G1YY36U275139074;

f) a 2008 Subaru Tribeca bearing VIN 4S4WX93D9844 14323;

g) a 2009 Harley-Davidson motorcycle bearing VIN

1HD1MAM1 19Y852405;

h) a 2008 Ford F-450 Truck bearing yIN 1FTXW43R98EE25374;

and

i) a 2009 Lexus IS 250, 4-door sedan, bearing VIN

JTHCK26259502837 1,

are hereby forfeited to the United States of America pursuant to the provisions of

Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States

Code, Section 2461(c), and Title 18, United States Code, Section 982, for

disposition in accordance with the provisions of Title 21, United States Code,
Section 853; and

THAT, pursuant to Title 21, United States Code, Section 853(n)(1), the

United States shall publish notice of this Order and of its intent to dispose of the

Forfeitable Property in such a manner as the Attorney General may direct,

including posting notice on the official internet government forfeiture site,

namely www.forfeiture.gov, for at least 30 consecutive days; and

THAT, pursuant to Title 21, United States Code, Section 853(n)(2), any

person, other than defendant John Alfy Salama Markus, asserting a legal

interest in any of the above-listed property must file a petition with the Court

within thirty (30) days of the final publication of notice or of receipt of actual

notice, whichever is earlier, and state that the petition shall be for a hearing to

adjudicate the validity of the petitioner’s alleged interest in the property; and

THAT, pursuant to Title 21, United States Code, Section 853(n)(3), the

petition shall be signed by the petitioner under penalty of perjury and shall set

forth the nature and extent of the petitioner’s right, title or interest in the

forfeited property, the time and circumstances of the petitioner’s acquisition of

the right, title, or interest in the property, and any additional facts supporting

the petitioner’s claim and the relief sought; and

THAT, the United States may also, to the extent practicable, provide direct

written notice to any person known to have alleged an interest in the Forfeitable

Property, as a substitute for published notice as to those persons so notified; and
THAT, the aforementioned Forfeitable Property is to be held by the

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

appropriate disposition of said Forfeitable Property by the United States; and

THAT, the value of the Specific Assets actually received by the United

States, which does not include commission, fees, or any other expenses incurred

in the liquidation of the Specific Assets, will be applied in partial satisfaction of

the money judgment; and

THAT, it is the intent of the United States, pursuant to Title 21, United

States Code, Section 853(p), as incorporated by Title 21, United States Code,

Section 982(b) and Title 28, United States Code, Section 246 1(c), to seek

forfeiture of any other property of defendant John Alfy Salama Markus up to the

value of the property described above, if the Forfeitable Property or any portion

thereof, as a result of any act or omission of defendant John Alfy Salama

Markus:

(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; and
THAT, upon adjudication of all third-party interests, this Court will enter

a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests

will be addressed.

ORDERED this 7tday September, 2012.

-r..

HonorabléJóse L. Linares

United states District Judge

The undersigned hereby

consent to the entry and

form of this order:

PAUL J. FISHMAN

United States Attorney 7)

/% I,

V ‘J Dated 9/ /i By: SANDRA MOSER

Assistant United States Attorney

____________________

Dated:

MICHAEL

— I

J. ROG RS ESQ.

Attorney for Defendant John Alfy Salama Markus

Defendant 9 Jf/ John Alfy Salama Markus