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United States v. Sotolongo

United States District Court, S.D. Georgia, Savannah Division

June 18, 2018

UNITED STATES OF AMERICA
v.
YAMPIEL GRANJA SOTOLONGO

          Chris Howard Assistant United States Attorney

          Yampiel Granja Sotolongo Defendant

          Katie Brewington Attorney for the Defendant

          CONSENT ORDER OF FORFEITURE

          HON. WILLIAM T. MOORE, JR. UNITED STATES DISTRICT COURT

         WHEREAS, on March 7, 2018, a federal grand jury sitting in the Southern District of Georgia returned a five-count Indictment against Defendant Yampiel Granja Sotolongo (hereinafter the "Defendant") and two others, charging a violations of 18 U.S.C. § 1029(h)(2) (Count One - Conspiracy to Fraudulently Use Access Device), 18 U.S.C. § 1029(a)(3) (Count Two - Possession of Fifteen or More Unauthorized Access Devices), 18 U.S.C. § 1029(a)(4) (Count 3 - Unlawful Possession of Device-Making Equipment), 18 U.S.C. § 1029(a)(5) (Count Four - Fraudulent Use of Access Devices), and 18 U.S.C. § 1028A (Count Five - Aggravated Identity Theft);

         WHEREAS, pursuant to a conviction of one or more of the offenses in Count One through Four of the Indictment, the United States sought forfeiture pursuant to 18 U.S.C. § 982(a)(2)(B) and 1029(c)(1)(C), which allows for the forfeiture to the United States, any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such violation(s), and any personal property used or intended to be used to commit the offense(s);

         WHEREAS, the Indictment further provided for the forfeiture of substitute assets, pursuant to 21 U.S.C § 853(p), as incorporated by 28 U.S.C. § 2461(c), of any other property of the Defendant up to the value of the property subject to forfeiture;

         WHEREAS, on June 18, 2018, pursuant to a written plea agreement, the Defendant agreed to pled guilty to Count Four of the Indictment, which charges a violation of 18 U.S.C. § 1029(a)(5), Fraudulent Use of Access Devices;

         WHEREAS, pursuant to the plea agreement the Defendant agreed to forfeit his interest in any personal property used or intended to be used to commit the offense to which he has agreed to plead guilty, specifically:

• one MSR X6(BT) magnetic stripe reader/writer bearing serial number X6-BT161228465
• one HP Model 15-AY039WM laptop computer bearing serial number CND7066YW5
• miscellaneous electronic skimming devices; and
• three iPhone cellular phones

         (Collectively, the "Subject Personal ...


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