This document provides jury instructions for a criminal trial in the United States District Court for the District of New Jersey regarding forfeiture allegations against seven defendants: Nicodemo S. Scarfo, Salvatore Pelullo, William Maxwell, John Maxwell, David Adler, Gary McCarthy, and Donald Manno. The instructions explain the nature and purpose of the forfeiture proceeding, the standards for forfeiture related to the RICO conspiracy charge in Count One and the securities fraud, wire fraud, and money laundering charges in Counts Two through Twenty. The instructions also list specific property alleged to be subject to forfeiture in connection with the charged offenses.
Arbitration law update, Darren-Chaker, written by leading law firm, citing case law, statute and other legal resources about recent arbitration developments.
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...BoyarMiller
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What You Say
Presented by: Chris James & Jon Goch
to HYLA - Houston Young Lawyers Association on
March 4, 2015
Decision in a case appealed by the family of a rig worker who died in an accident drilling a well for Atlas Energy in Greene County, PA in 2007. The court found that Atlas is immune from any claims of negligence because the man killed worked for a subcontractor who was hired to drill the well. That is, if there was negligence, that negligence is on the part of the man's employer, not Atlas.
Andiamo Partners’ Research Division has been tracking trends in the Technology sector for many years and we thought it would be valuable information to share. We put together this report with a focus on Financial Services firms with information obtained from various, reliable public sources.
We will be providing similar reports on a quarterly basis. Our next report will likely be on IT companies (i.e. Google, Facebook, etc).
Thailand Fintech landscape 2016 special report by techsauce Techsauce Media
Thailand Fintech landscape 2016 by techsauce.co including:
- What is Fintech?
- Fintech in Asia
- Fintech in Thailand
- Collaboration between big enterprises and startups
Arbitration law update, Darren-Chaker, written by leading law firm, citing case law, statute and other legal resources about recent arbitration developments.
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...BoyarMiller
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What You Say
Presented by: Chris James & Jon Goch
to HYLA - Houston Young Lawyers Association on
March 4, 2015
Decision in a case appealed by the family of a rig worker who died in an accident drilling a well for Atlas Energy in Greene County, PA in 2007. The court found that Atlas is immune from any claims of negligence because the man killed worked for a subcontractor who was hired to drill the well. That is, if there was negligence, that negligence is on the part of the man's employer, not Atlas.
Andiamo Partners’ Research Division has been tracking trends in the Technology sector for many years and we thought it would be valuable information to share. We put together this report with a focus on Financial Services firms with information obtained from various, reliable public sources.
We will be providing similar reports on a quarterly basis. Our next report will likely be on IT companies (i.e. Google, Facebook, etc).
Thailand Fintech landscape 2016 special report by techsauce Techsauce Media
Thailand Fintech landscape 2016 by techsauce.co including:
- What is Fintech?
- Fintech in Asia
- Fintech in Thailand
- Collaboration between big enterprises and startups
Understanding the Application Developer Community: Demographics, Salaries, Industries & Trends. Answering questions about developers like: Who codes? Where do the y live? How much are different developers paid? How wide is the gender gap? How satisfied are developers with their jobs? etc.
We have created this report for the purpose of providing an overview of the
competitive information technology recruiting and hiring landscape. The information provided may prove useful to HR professionals, technical recruiters and technology hiring managers as they seek to compete for information technology talent in an aggressive and evolving market. This information is the product of many years of internal research by Andiamo’s Research Division.
All of the information included in this report was obtained from public, reliable data sources. We have used reasonable endeavors to ensure that the information provided in this document is accurate and up to date at the time of issue. For a list of sources, please contact us at www.andiamogo.com/contact.
Some of the comparative information includes: annual change in job openings, average IT base salaries, technologies used in application development and database environments; employee satisfaction, profiles of entry level recruits, employees by location, and percentage of employees from Ivy League or top 15 ranked Computer Science Universities.
Maxim Trader: Perfect Solution to Increasing Your Disposal Income.Kang Chin Ling
Money
你不理 If you do not manage your Money
你不理 If you do not manage your 不理你 will pass you by.
Money Wealth
窮人因 理財而 The poor manage their money to get Wealth
窮人因 理財而 The poor manage their money to get 人因理 財而貴 Money when managed well makes you rich Wealth
Money Wealth
Robert Kiyosaki 富爸爸,穷爸爸的作者 Author of “Rich Dad, Poor Dad”
您在为钱工作, 还是钱在为您工作? Are You working for money, Or is money working for you?
全世界受欢迎的主要投资项目是 The major investment avenues in the world are
全世界受欢迎的主要投资项目是 The major investment avenues in the world are 股票 Stocks
全世界受欢迎的主要投资项目是 The major investment avenues in the world are 股票 Stocks 期货 Commodities
全世界受欢迎的主要投资项目是 The major investment avenues in the world are 股票 Stocks 债券 Bonds 期货 Commodities
全世界受欢迎的主要投资项目是 The major investment avenues in the world are 股票 Stocks 债券 Bonds 房地产 Property 期货 Commodities
外汇与股市平均每日成交量的比较 Comparison of Forex vs Stock Exchange Average Daily Trading Volume Forex Market New York Stock Exchange Tokyo Stock Exchange London Stock Exchange USD22.4Billion USD18.9Billion USD7.2Billion USD5Trillion
外汇交易每日平均成交量的成长 Growth of Forex Average Daily Trading Volume Foreign Exchange Average Daily Volume 2001–2013 USD bn 1,000 2,000 3,000 4,000 5,000 Reporting dealers Non-financial customers Other financial institutions0 Source: Bank ofInternational Settlements 2013 外汇日均成交量 2001 2004 2007 2010 2013
TRY 11 billion SGD 20 billion HKD 11 billion RUB 20 billion SEK 21 billion NZD 37 billiion CNY 27 billion MXN 34 billion CAD 57 billion CHF 63 billion AUD 84 billion GBP 196 billion JPY 227 billion EUR 612 billion USD 1,691 billion USD EUR JPY GBP AUD CHF 外汇市场平均每日最高成交量的钱币 The Top Average Daily Trading Volume Currencies
为甚么投资外汇市场? Why trade in Forex?
双向获利空间 Bi-direction Profit Taking 为甚么投资外汇市场? Why trade in Forex?
为甚么投资外汇市场? Why trade in Forex? 双向获利空间 Bi-direction Profit Taking 24小时网上交易平台 24 hours web trading platform
为甚么投资外汇市场? Why trade in Forex? 双向获利空间 Bi-direction Profit Taking 24小时网上交易平台 24 hours web trading platform 高杠杆操作 High Leverage Trade
自己投资外汇为甚么会失败? Why Self Trade in Forex usually Fails?
自己投资外汇为甚么会失败? Why Self Trade in Forex usually Fails? 資金有限 Limited Funds
資金有限 Limited Funds 知識有限 Lack of Professional Knowledge 自己投资外汇为甚么会失败? Why Self Trade in Forex usually Fails?
資金有限 L
Former state water official files federal civil rights lawsuit against Las Ve...This Is Reno
Robert Coache has applied to receive an official exoneration by the State of Nevada after serving time in prison for crimes the Nevada Supreme Court later dismissed for lack of evidence. Whether he is granted that status, however, remains to be seen.
Coache, who spent 16 months in prison, could be eligible for $50,000 a year for each year served, under a 2019 law passed by the Nevada legislature.
It’s a drop in the bucket compared with the $5 million in damages he is now seeking in a federal civil rights lawsuit filed against Las Vegas Metropolitan Police Department (LVMPD) and the Clark County District Attorney’s Office.
Coache faced 49 charges, “spent over sixteen months in prison and was on parole for conspiracy to commit extortion by public officer or employee, extortion by public officer or employee, conspiracy to commit asking or receiving bribe by public officer, asking, or receiving bribe by public officer, conspiracy to commit money laundering, and forty-four counts of money laundering,” his attorneys said.
The Nevada Supreme Court in 2019 dismissed the 49 charges against him citing lack of evidence.
Sample California complaint to vacate judgmentLegalDocsPro
This sample California complaint to set aside and vacate a judgment is a collateral attack on a judgment also known as an independent action in equity to vacate a judgment. The sample on which this preview is based is 7 pages and contains brief instructions and two causes of action (1) to set aside and vacate the judgment on the grounds of lack of personal jurisdiction due to defective and invalid service of process, and (2) to set aside and vacate the judgment on the grounds that it was procured through extrinsic fraud or mistake.
EKEJIJA- NVC FUND-SEC SETTLEMENT SOLUTION
CASE: 2:20-cv-08985-ODW-DFM
Case No.: 2:20-cv-08985-FWS-DFM
Dear John F. Libby,
As requested by Judge Fred W. Slaughter, the undersigned, frank-ojogwa: Ekejija, comes now to submit in good faith for your favorable consideration a graceful workable solution to settle and resolve the above-referenced egregious case (the “Case”), according to the requirement of Rule 1 of the Federal Rules of Civil Procedure (“FRCP”), that “all civil actions and proceedings in the United States district courts … be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”
The purpose of my proposal is to achieve the complete, final, fair, and equitable resolution of all of the financial, civil rights, and reputational damages and other civil claims I am holding against the U.S. Securities and Exchange Commission, an agency of the federal government (the “SEC”), arising out of and suffered in connection with the extreme quantifiable and unquantifiable economic and wrongs, injuries, damages, defamations, prejudices, and injustices done to our companies and me, by the SEC’s egregious, willful, wrongful, meritless, reckless, abusive, and vindictive crusade, undertaken under color of law and constitutes a gross breach of fidelity, over the past 11 years. That the SEC persisted in misusing and abusing its government authority, compounding these many wrongs long after it knew or should have known that its allegations were meritless, and the resulting compounding of its wrongful behavior, and that such conduct exposed the SEC and the federal government to ridicules, substantial financial and other liability, makes the situation even more outrageous.
Notwithstanding the foregoing, I am willing to settle and resolve this matter upon the terms and conditions summarized below. You will see that my proposal satisfies each of the requirements of FRCP Rule 1. Indeed, I am proposing to achieve the intended result by underwriting the financial elements of my claims out of our assets and at no cost to the government. Moreover, the structure and mechanisms of this proposal are eminently fair and reasonable by design and within your authority as a federal judge to implement.
Motion to Dismiss 12 B 5 FILING Stamped-1 July 2021.pdfFrankEkejija1
Frank Ekejija and NVC Fund evidence supporting the Court filings exposed and debunked the SEC's wrongful actions and false assumptions. The facts are clear and on record.
Rivkin radler frivolous lawsuit vs dr shapirokohen26
The Government Defendants, upon information and belief, were also influenced and pressured by the law firm Rivkin Radler, http://www.rivkinradler.com/ who has among their list of clients the largest of the Defendant Insurance The investigation of Dr. Shapiro was in part initiated and perpetuated by Rivkin Radler http://www.rivkinradler.com/ who had previously represented various defendants in litigation against Dr. Shapiro. This was done to put Dr. Shapiro’s personal company out of business by not only refusing to compensate Dr. Shapiro’s company for services that were properly rendered but also by influencing a criminal prosecution against him. Companies and who overzealously pursues the claim-avoidance protocol on behalf of such clients in civil courts in the State of New York, including in the past against Dr. Shapiro. Upon information and belief, Rivkin Radler put undue pressure and threatened to go on a negative public relations campaign against the Government Defendants if they did not prosecute Dr. Shapiro.
On its website http://www.rivkinradler.com/, Rivkin Radler describes itself as "dedicated to fighting healthcare fraud [that] has saved insurers hundreds of millions of dollars, and led to decisions that will continue to benefit clients for years to come." Rivkin Radler represents numerous members of the NICB, and was influential in pressing the Government Defendants to bring the charges against Dr. Shapiro, which caused significant harm to Dr. Shapiro.
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
San Diego attorney Scott McMillan sued Darren Chaker to remove public records about McMillan's being named in a child molestation investigation. The report is contained as an exhibit in San Diego Superior Court Case No. 37-2017-00036344-CU-NP-CTL and can also be seen on this profile.
Nonetheless, Scott McMillan San Diego attorney suffered a miserable loss in San Diego federal court, then appealed the loss to the Ninth Circuit. San Diego attorney Scott McMillan also filed an identical lawsuit in San Diego Superior Court, Case No. 37-2017-00036344-CU-NP-CTL. As expected, the Ninth Circuit found the lawsuit against Darren Chaker was meritless.
Now, San Diego attorney Scott McMillan is facing two anti-SLAPP motions in San Diego Superior Court and of course the inevitable embarrassment of losing his case, which is almost as bad as Scott McMillan having been sued twice recently for fraud and legal malpractice.
Similar to 1095 jury intstuctions for forfeiture allegations (20)
1. UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
UNITED STATES OF AMERICA :
:
v. : Crim. No. 11-740 (RBK)
:
NICODEMO S. SCARFO : Hon. Robert B. Kugler
a/k/a “Nicky,” :
a/k/a “Nick,” :
a/k/a “Cousin,” :
a/k/a “Junior,” :
a/k/a “Nick Promo,” :
a/k/a “Mr. Apple,” :
a/k/a “Mr. Macintosh,” :
SALVATORE PELULLO :
a/k/a “Sal,” :
a/k/a “The Consultant,” :
a/k/a “Cousin,” :
a/k/a “Mr. Turner,” :
WILLIAM MAXWELL :
a/k/a “Bill,” :
JOHN MAXWELL :
DAVID ADLER :
a/k/a “Dave,” :
GARY McCARTHY and :
DONALD MANNO :
a/k/a “Donny” :
______________________________________________________________________________
JURY INSTRUCTIONS AS TO
FORFEITURE ALLEGATIONS
June 18, 2014
_____________________________________________________________________________
1
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 1 of 13 PageID: 39480
2. TABLE OF CONTENTS
1.Nature and Purpose of the Forfeiture Proceeding........................................................................ 3
2.Forfeiture – Count One - RICO Conspiracy................................................................................ 3
3.Forfeiture – Counts Two Through Nineteen – Securities Fraud Conspiracy, Wire Fraud
Conspiracy, Wire Fraud.................................................................................................................. 7
4.Forfeiture – Count Twenty – Money Laundering Conspiracy................................................... 11
2
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 2 of 13 PageID: 39481
3. 1. Nature and Purpose of the Forfeiture Proceeding
You have found [name of defendants found guilty, if any] guilty of [offenses, if any,
defendants are found guilty of]. You now need to consider a special verdict concerning property
that the indictment alleges is subject to forfeiture by [name of defendants found guilty, if any] to
the government. Forfeiture means that [name of defendants found guilty, if any] would lose any
ownership or interest he has or claims to have in the specified property, as a part of the penalty
for engaging in criminal activity. I instruct you that you are bound by your previous finding that
[names of defendants found guilty, if any] are guilty of [offenses, if any, defendants are found
guilty of].
After the parties have presented any additional evidence on this subject, I will instruct
you further on the law with respect to forfeiture. In considering whether the property is subject
to forfeiture, you should consider the evidence you have already heard and any additional
evidence presented by the parties. You should evaluate that evidence and its credibility as I
explained to you earlier in my instructions.
2. Forfeiture – Count One - RICO Conspiracy
You have found Nicodemo S. Scarfo, Salvatore Pelullo, William Maxwell, John
Maxwell, David Adler, Gary McCarthy, and Donald Manno [subject to modification, depending
which defendants, if any, the jury finds guilty] guilty of Conspiracy to violate the Racketeer
Influenced and Corrupt Organizations Act, or “RICO,” as charged in Count One of the
indictment. You now need to consider a special verdict concerning property that the indictment
alleges is subject to forfeiture by each of these defendants to the government. Forfeiture means
that a defendant would lose any ownership or interest he has or claims to have in the specified
property, as a part of the penalty for engaging in criminal activity. I instruct you that you are
3
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 3 of 13 PageID: 39482
4. bound by your previous finding that each defendant is guilty of the RICO conspiracy charged in
Count One of the indictment.
Under federal law, any person convicted of a RICO conspiracy shall forfeit to the
government any property that is, or was derived from, any proceeds which the person obtained,
directly or indirectly, from the offense, any interest the person has acquired or maintained as a
result of the offense, and any interests in, securities of, claims against, and property and
contractual rights of any kind affording a source of influence over, the Scarfo-Pelullo enterprise.
In deciding whether property is subject to forfeiture, you should not concern yourself
with or consider whether any other person may own or have an interest in the property. I will
resolve any such claims. Similarly, you are not to consider whether the property is presently
available. Your only concern is whether the government has proven the required connection
between the property and the offense(s) for which you have found [name(s) of defendants, if any,
found guilty] guilty.
Count One alleges that the following property should be forfeited because of the
connection between this property and each defendant’s commission of the offense of RICO
conspiracy:
a. a Falcon vessel, bearing Vessel Identification Number 1040201, Hull Number
FLNTPL83A196.
b. a Mitsubishi model MU-2B-60 turbo-propeller aircraft, bearing Serial Number 1562 S.A.
c. a Bentley automobile, model Continental GT Convertible, vehicle identification number
SCBDR33W37C044370.
d. an Audi automobile, model A6, vehicle identification number WAUEV74F77N023428.
4
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 4 of 13 PageID: 39483
5. e. One (1) ladies 18 carat white gold ring with a princess cut diamond weighing approximately
2.01 carats.
f. One (1) ladies 14 carat white gold bracelet with approximately 100 brilliant cut diamonds.
g. Contents of customer account 15624 held in the name of Learned Associates of North
America, LLC, at Audi of Willow Grove, located in Willow Grove, Pennsylvania, and consisting
of a $10,000 deposit for an Audi R8 automobile.
h. Bank of America account # 003810121435.
i. Bank of America account # 003810201818.
j. Bank of America account# 381001250963.
k. Bank of America account # 3810121383.
1. Bank of America account # 004796252676.
m. Commerce Bank NA account# 7855143017.
n. Commerce Bank NA account# 0369406087.
o. Commerce Bank NA account # 0368847216.
p. Commerce Bank NA account# 368965174.
q. Guaranty Bank account # 380-3113939.
r. Guaranty Bank account # 380-3520463.
s. Guaranty Bank account # 380-3113954.
t. Guaranty Bank account # 380-6056481.
u. FirstPlus Financial Group, Inc., stock certificate number Cl7216 representing 200,000 shares
of common stock issued to Seven Hills Management LLC, dated November 14, 2007.
v. FirstPlus Financial Group, Inc., stock certificate number C17214 representing 250,000 shares
of common stock issued to Seven Hills Management LLC, dated November 14, 2007.
5
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 5 of 13 PageID: 39484
6. w. FirstPlus Financial Group, Inc., stock certificate number Cl7234 representing 250,000 shares
of common stock issued to Seven Hills Management LLC, dated January 31, 2008.
x. FirstPlus Financial Group, Inc., stock certificate number Cl7217 representing 200,000 shares
of common stock issued to Learned Associates of North America LLC, dated November 14,
2007.
y. FirstPlus Financial Group, Inc., stock certificate number C17215 representing 250,000 shares
of common stock issued to Learned Associates of North America LLC, dated November 14,
2007.
z. FirstPlus Financial Group, Inc., stock certificate number Cl7235 representing 250,000 shares
of common stock issued to Learned Associates of North America LLC, dated January 31,
2008.
aa. FirstPlus Financial Group, Inc., stock certificate number Cl7221 representing 100,000 shares
of common stock issued to EFM Associates, GP, dated November 14, 2007.
bb. $4,327 in United States currency seized from 9 Hartford Drive, Egg Harbor Township, NJ,
on May 8, 2008.
This property is subject to forfeiture with respect to a defendant if you find that the
government has proved beyond a reasonable doubt that the property is, or was derived from, any
proceeds that he obtained, directly or indirectly, as a result of the offense(s) for which you have
found him guilty, is an interest he acquired or maintained as a result of the offense, or constitutes
an interest in, security of, claim against, or property or contractual rights of any kind affording a
source of influence over, the Scarfo-Pelullo enterprise.
Property is “proceeds” of an offense if the property was obtained directly or indirectly, as
a result of the offense. Property “was derived” from the proceeds of an offense if the property
6
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 6 of 13 PageID: 39485
7. was obtained, directly or indirectly, using money or any other source of wealth gained as a result
of the commission of the offense.
In making this determination, you should consider all of the evidence presented on the
subject during this proceeding and during the trial, regardless of who offered it. All of my
previous instructions continue to apply, and you should evaluate the evidence and its credibility
according to the instructions I gave you earlier.
3. Forfeiture – Counts Two Through Nineteen – Securities Fraud Conspiracy, Wire
Fraud Conspiracy, Wire Fraud
You have found Nicodemo S. Scarfo, Salvatore Pelullo, William Maxwell, John
Maxwell, and Gary McCarthy [subject to modification, depending which defendants, if any, the
jury finds guilty] guilty of [conspiracy to commit securities fraud, conspiracy to commit wire
fraud, and wire fraud, as charged in Counts Two through Nineteen of the indictment], and David
Adler guilty [subject to modification, depending upon verdict] of [conspiracy to commit
securities fraud, conspiracy to commit wire fraud, and wire fraud, as charged in Counts Two,
Three, Eight through Fourteen, and Seventeen through Nineteen]. You now need to consider a
special verdict concerning property that the indictment alleges is subject to forfeiture by each of
these defendants to the government. You should refer back to my previous instructions about the
meaning of forfeiture. I instruct you that you are bound by your previous finding that each
defendant named in this count is guilty of [conspiracy to commit securities fraud, conspiracy to
commit wire fraud, and wire fraud].
Under federal law, any person convicted of the offenses in Counts Two through Nineteen
shall forfeit to the government any property that is the proceeds of the offenses, any property that
was derived from the proceeds of the offenses.
7
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 7 of 13 PageID: 39486
8. In deciding whether property is subject to forfeiture, you should not concern yourself
with or consider whether any other person may own or have an interest in the property. I will
resolve any such claims. Similarly, you are not to consider whether the property is presently
available. Your only concern is whether the government has proven the required connection
between the property and the offenses for which you have found each defendant guilty.
Counts Two through Nineteen allege that the following property should be forfeited
because of the connection between this property and the defendants’ commission of conspiracy
to commit securities fraud, conspiracy to commit wire fraud, and wire fraud:
a. a Falcon vessel, bearing Vessel Identification Number 1040201, Hull Number
FLNTPL83A196.
b. a Mitsubishi model MU-2B-60 turbo-propeller aircraft, bearing Serial Number 1562 S.A.
c. a Bentley automobile, model Continental GT Convertible, vehicle identification number
SCBDR33W37C044370.
d. an Audi automobile, model A6, vehicle identification number WAUEV74F77N023428.
e. One (1) ladies 18 carat white gold ring with a princess cut diamond weighing
approximately 2.01 carats.
f. One (1) ladies 14 carat white gold bracelet with approximately 100 brilliant cut
diamonds.
g. Contents of customer account 15624 held in the name of Learned Associates of North
America, LLC, at Audi of Willow Grove, located in Willow Grove, Pennsylvania, and
consisting of a $10,000 deposit for an Audi R8 automobile.
h. Bank of America account # 003810121435.
i. Bank of America account # 003810201818.
8
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 8 of 13 PageID: 39487
9. j. Bank of America account# 381001250963.
k. Bank of America account # 3810121383.
l. Bank of America account # 004796252676.
m. Commerce Bank NA account# 7855143017.
n. Commerce Bank NA account# 0369406087.
o. Commerce Bank NA account # 0368847216.
p. Commerce Bank NA account# 368965174.
q. Guaranty Bank account # 380-3113939.
r. Guaranty Bank account # 380-3520463.
s. Guaranty Bank account # 380-3113954.
t. Guaranty Bank account # 380-6056481.
u. FirstPlus Financial Group, Inc., stock certificate number Cl7216 representing 200,000
shares of common stock issued to Seven Hills Management LLC, dated November 14,
2007.
v. FirstPlus Financial Group, Inc., stock certificate number C17214 representing 250,000
shares of common stock issued to Seven Hills Management LLC, dated November 14,
2007.
w. FirstPlus Financial Group, Inc., stock certificate number Cl7234 representing 250,000
shares of common stock issued to Seven Hills Management LLC, dated January 31, 2008.
x. FirstPlus Financial Group, Inc., stock certificate number Cl7217 representing 200,000
shares of common stock issued to Learned Associates of North America LLC, dated
November 14, 2007.
9
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 9 of 13 PageID: 39488
10. y. FirstPlus Financial Group, Inc., stock certificate number C17215 representing 250,000
shares of common stock issued to Learned Associates of North America LLC, dated
November 14, 2007.
z. FirstPlus Financial Group, Inc., stock certificate number Cl7235 representing 250,000
shares of common stock issued to Learned Associates of North America LLC, dated
January 31, 2008.
aa. FirstPlus Financial Group, Inc., stock certificate number Cl7221 representing 100,000
shares of common stock issued to EFM Associates, GP, dated November 14, 2007.
bb. $4,327 in United States currency seized from 9 Hartford Drive, Egg Harbor Township,
NJ, on May 8, 2008.
This property is subject to forfeiture with respect to a defendant if you find that the government
has proved by a preponderance of the evidence that: the property is or was derived from any
proceeds the defendant obtained, directly or indirectly, as a result of the offenses for which you
have found him guilty.
Property is “proceeds” of an offense if the property was obtained directly or indirectly, as
a result of the offense. Property “was derived” from the proceeds of an offense if the property
was obtained, directly or indirectly, using money or any other source of wealth gained as a result
of the commission of the offense.
You may, but you are not required to, find that the property is subject to forfeiture with
respect to a defendant if you find that the government established by a preponderance of the
evidence: (1) that the property was acquired by him during the time period when he was
committing the offenses for which you have found him guilty, or within a reasonable time after
10
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 10 of 13 PageID: 39489
11. the commission of those offenses, and that there was no likely source for the property other than
the offenses for which you have found him guilty.
Preponderance of the evidence is a lower standard than proof beyond a reasonable doubt,
which is the standard you applied in your previous deliberations, and also the standard that
applies with respect to forfeiture in connection with Count One. To prove something by a
preponderance of the evidence means to prove that it is more likely true than not true. If you put
the credible evidence that is favorable to government and the credible evidence that is favorable
to a defendant on opposite sides of a scale, the scale would have to tip somewhat on the
government's side in order for you to find that the property is subject to forfeiture. However, if
the scale tips in favor of the defendant, or if the credible evidence appears to be equally
balanced, or if you cannot say on which side the credible evidence is weightier, then you must
find that the property is not subject to forfeiture.
In making this determination, you should consider all of the evidence presented on the
subject during this proceeding and during the trial, regardless of who offered it. All of my
previous instructions continue to apply, except for the applicable burden of proof, and you
should evaluate the evidence and its credibility according to the instructions I gave you earlier.
4. Forfeiture – Count Twenty – Money Laundering Conspiracy
You have found Nicodemo S. Scarfo, Salvatore Pelullo, William Maxwell, John
Maxwell, Gary McCarthy, and Donald Manno [subject to modification, depending which
defendants, if any, the jury finds guilty] guilty of conspiracy to commit money laundering, as
charged in Count Twenty of the indictment. You should refer back to my previous instructions
when considering this verdict.
11
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 11 of 13 PageID: 39490
12. Count Twenty alleges that the following property should be forfeited because of the
connection between this property and the defendants’ commission of conspiracy to commit
money laundering:
a. a Falcon vessel, bearing Vessel Identification Number 1040201, Hull Number
FLNTPL83A196.
b. a Mitsubishi model MU-2B-60 turbo-propeller aircraft, bearing Serial Number 1562 S.A.
c. a Bentley automobile, model Continental GT Convertible, vehicle identification number
SCBDR33W37C044370.
d. an Audi automobile, model A6, vehicle identification number WAUEV74F77N023428.
e. One (1) ladies 18 carat white gold ring with a princess cut diamond weighing
approximately 2.01 carats.
f. One (1) ladies 14 carat white gold bracelet with approximately 100 brilliant cut
diamonds.
g. Contents of customer account 15624 held in the name of Learned Associates of North
America, LLC, at Audi of Willow Grove, located in Willow Grove, Pennsylvania, and
consisting of a $10,000 deposit for an Audi R8 automobile.
h. Bank of America account # 003810121435.
i. Bank of America account # 003810201818.
j. Bank of America account# 381001250963.
k. Bank of America account # 3810121383.
l. Bank of America account # 004796252676.
m. Commerce Bank NA account# 7855143017.
n. Commerce Bank NA account# 0369406087.
12
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 12 of 13 PageID: 39491
13. o. Commerce Bank NA account # 0368847216.
p. Commerce Bank NA account# 368965174.
q. Guaranty Bank account # 380-3113939.
r. Guaranty Bank account # 380-3520463.
s. Guaranty Bank account # 380-3113954.
t. Guaranty Bank account # 380-6056481.
u. $4,327 in United States currency seized from 9 Hartford Drive, Egg Harbor Township,
NJ, on May 8, 2008.
This property is subject to forfeiture with respect to a defendant if you find that the government
has proved by a preponderance of the evidence that this property was involved in the offense of
conspiracy to launder money or was traceable to such property.
You should refer back to the same definitions that I previously gave you with respect to
these terms.
A Special Verdict Form has been prepared for your use. With respect to each item of
property, and each defendant, you are asked to decide whether it is subject to forfeiture to the
government, based on the reasons I have explained to you. Your decision must be unanimous.
Indicate on the verdict form whether you find that the property listed is subject to forfeiture, and
then the foreperson should sign and date the form.
13
Case 1:11-cr-00740-RBK Document 1095 Filed 06/18/14 Page 13 of 13 PageID: 39492