Case Document 22-5 Filed 02/25/13 Page 1 of 5 Exhibit Case 1:12-cr-00002-JSR Document 22-5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - -x : UNITED STATES OF AMERICA, : - v. : WEGELIN & CO., : Defendant. : - - - - - - - - - - - - - - -x Filed 02/25/13 Page 2 of 5 FINAL ORDER OF FORFEITURE S1 12 Cr. 2 (JSR) WHEREAS, on or about February 2, 2012, WEGELIN & CO. ("WEGELIN" or the "Defendant"), was charged in a one-count Superseding Indictment, S1 12 Cr. 2 (JSR) (the "Indictment"), with conspiring with U.S. taxpayers to defraud the Internal Revenue Service, file false federal income tax returns, and evade federal income taxes, and with committing certain overt acts in furtherance of the conspiracy, in violation of Title 18, United States Code, Section 371; WHEREAS, on or about January 3, 2013, the Defendant pled guilty to the Indictment pursuant to a plea agreement dated December 3, 2012 (the "WEGELIN Plea Agreement"); WHEREAS, pursuant to the WEGELIN Plea Agreement, WEGELIN agreed to the forfeiture of $15,821,000 in United States Currency (the "Defendant Funds"), representing WEGELIN's gross proceeds from approximately 2002 through 2010 of its scheme to defraud the United States as set forth in the Indictment; WHEREAS, pursuant to the WEGELIN Plea Agreement, Wegelin agreed to transfer the Defendant Funds to a seized assets Case 1:12-cr-00002-JSR Document 22-5 Filed 02/25/13 Page 3 of 5 deposit account maintained by the United States Department of Treasury; WHEREAS, on or about January 3, 2013, the Court entered a Stipulated Preliminary Order of Forfeiture (the "Preliminary Order of Forfeiture") (Docket Entry 16), forfeiting to the United States of all of WEGELIN's right, title and interest in the Defendant Funds; WHEREAS, the Preliminary Order of Forfeiture directed the United States to publish, for at least thirty (30) consecutive days, notice of the Preliminary Order of Forfeiture, of the United States' intent to dispose of the Defendant Funds and the requirement that any person asserting a legal interest in the Defendant Funds must file a petition within sixty (60) days from the first day of publication of the notice on an official government internet site; WHEREAS, notice of the Preliminary Order of Forfeiture and the intent of the United States to dispose of the Defendant Funds was published on www.forfeiture.gov, the official United States government internet site, beginning on January 5, 2013 and for thirty (30) consecutive days thereafter, pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions, and proof of publication (Docket Entry 21) was filed on February 25, 2013; 2 Case 1:12-cr-00002-JSR Document 22-5 Filed 02/25/13 Page 4 of 5 WHEREAS, WEGELIN is the only entity known by the Government to have a potential interest in the Defendant Funds; and WHEREAS, thirty (30) days have expired since final publication of notice and no petitions to contest the forfeiture of the Defendant Funds have been filed; NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title and interest in the Defendant Funds is hereby forfeited and vested in the United States of America, and the United States of America shall and is hereby deemed to have clear title to the Defendant Funds. 2. The Department of Treasury (or its designee) shall dispose of the Defendant Funds according to law. 3 Case 1:12-cr-00002-JSR Document 22-5 3. Filed 02/25/13 Page 5 of 5 The Clerk of the Court shall forward four certified copies of this Order to Assistant United States Attorney Jason H. Cowley, One St. Andrew's Plaza, New York, New York 10007. Dated: New York, New York March , 2013 SO ORDERED: _____________________________ THE HONORABLE JED S. RAKOFF UNITED STATES DISTRICT JUDGE 4