United States v. Exposito
4:23-cr-00063
E.D. Tex.Aug 23, 2025Background
- Mark Exposito pleaded guilty to one count of conspiracy to commit wire fraud, as charged under 18 U.S.C. § 371.
- As part of his plea agreement, Exposito agreed to forfeit certain real property, jewelry, and a cash sum representing proceeds of the offense.
- The government moved for forfeiture under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461, naming specific assets and a sum equal to $5,139,933.00.
- The Court reviewed Exposito’s plea agreement, the factual basis for the plea, and entered findings supporting forfeiture.
- The preliminary order authorizes the United States to seize and dispose of the specified property according to statutory procedures, including public notice and opportunity for third-party claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Forfeiture of property as crime proceeds | Property and funds are proceeds, subject to forfeiture under law | Defendant consented in plea agreement | Forfeiture authorized; property seized |
| Compliance with procedural requirements | Forfeiture procedures met statutory rules | No argument raised | Statutory procedure requirements met |
| Third-party claims to forfeited property | Proper notice will be given | N/A (not addressed by defendant) | Notice and claim process to proceed as ordered |
| Personal liability for amount of proceeds | Defendant liable for full amount | Defendant admitted liability in plea | Defendant personally liable for $5,139,933 |
Key Cases Cited
(None: No cited cases with official reporter citations in this order.)
