Joe and Teresa Giudice are up against a wall, according to a new forfeiture order signed by Judge Esther Salas, on November 10, 2014. According to the court document obtained by All About the Tea, Teresa still owes the federal government $214,588.90 “pursuant to her plea agreement,” after paying the government $200,000 on October 16th. The document clearly gives the reality couple a choice, either establish a payment plan, or face a surrender of all assets, “until the forfeiture money judgment is paid in full,” the document reads. The $414,588.90 restitution figure represents property derived from proceeds traceable to the violations charged in the indictment to which the Giudice couple pleaded guilty.
In modern criminal practice, forfeiture – the government seizure of property connected to illegal activity – is a mandatory part of the sentence imposed upon a defendant convicted of committing a federal crime. As such, criminal forfeiture is only available after the defendant’s guilt has been proven beyond a reasonable doubt or during the course of a plea agreement. Generally speaking, criminal forfeiture may be sought when the property is used in the commission of a criminal offense, or was obtained through criminal activity.
With those rock solid parameters in place, many are asking, HOW are Joe and Teresa Giudice still allowed to live in a mansion, drive fancy cars, and keep possession of valuable jewelry, bags and other personal luxuries, when they still owe the feds a whopping $214k of the $414k judgement??? That question is officially HISTORY, and the details surrounding the answer are EXPLOSIVE!!
In short, THE FEDS HAVE ARRIVED! This bombshell was dropped on All About the Tea via an EXCLUSIVE from a Giudice camp informant who is spilling a scalding and detailed account of how it all went down.
The source explains that on Monday, December 15, at 8:15 AM, two probation officers, two interns, and two county sheriff’s deputies arrived unannounced at the Giudice home. They had Judge Salas issued court order in hand, directing them to enter the residence and re-inventory ALL personal effects in the house, as well as anything found on the entire property. They found and confiscated ALL of Teresa’s high-end jewelry, shoes, bags, the WHOLE shebang, with only her wedding band being excluded from the confiscation. The source also added that they asked SPECIFICALLY for the jewelry seen in that Bravo video snippet of Milania’s closet, which All About the Tea recently re-exposed, catching Teresa in a big, fat lie, when she contradicted earlier statements about the true value of her pricey bling.
Teresa surrendered the beautiful baubles, but they also uncovered some Rolex watches, which were part of a previously reported stolen pile of jewelry, that Teresa not only collected insurance bucks on, but also falsely included as part of the Giudice 2009 bankruptcy filing. The crew also nailed Teresa on concealing cash through a trap door in the ceiling of her closet, where Teresa reportedly also had $11k worth of Christmas gifts stashed for her daughters, also included in the seizure. Our source clarifies that the jewelry and large amounts of cash were physically taken from the residence, with the feds raking in thousands and thousands of dollars. The ransacking process didn’t wrap until 5:45 PM, and Teresa purportedly had to remain in the kitchen, accompanied by a deputy, during the entire ordeal. Do you think that Milania’s klepto genetic code flared up, maybe even inciting a screeching, “You’re a butthole!” or two, while the marshals claimed her costly stash?
Now I know that all of you are dying to know how Teresa reacted to whole dramatic scenario, and lucky for us, our trusty whistleblower left NOTHING out! Purportedly, Teresa told the group upon their arrival, that they could NOT show up unannounced, and initially refused to let them in. Legally, Teresa had no leg to stand on. Authorities, with this Order of Forfeiture in hand, can choose to confiscate anything from a My-Little-Pony toy to a Cartier watch. Teresa had be reminded that because of her current NO attorney status, the court order alone was binding, and that if she resisted, she would be arrested on the spot. They gave her the document to read, and after a few minutes, she allowed them to enter. Upon being questioned about Joe’s whereabouts, she explained that he was at his brother’s place and offered to call him, a move that the officials shot down. Joe reportedly never made an appearance during the ordeal. According to our tea spiller, Teresa was raising HELL, as her stolen treasures were unearthed and taken BACK. Teresa was also supposedly flaming mad that tons of cash and belongings that the feds knew nothing about, were also discovered and seized.
“Teresa is mad as hell that they can “do this shit to her, she has rights, and this is her home” The source also added that Teresa called Joe after they left, in a hissy fit, and “he told her ‘he doesn’t give a f*ck what they do to her'”, with our informant also asserting that Joe has not slept at home in over two weeks.
Our source also revealed how Teresa handled the children arriving at the house, during the shakedown.
“And when the girls came home from school she told them ‘these people are here to help mommy and daddy get ready for the garage sale”, adding that this explanation was delivered in front of a probably cringing, nearby officer.
The court order also specifically outlined that ALL contents as of Monday, are under protected court order, and cannot be sold or even gifted, leaving one to assume that even the girls’ Christmas gifts are no longer Guidice property.
Criminal forfeiture is a punitive action by the government against the offender. 18 U.S.C. § 982 and 21 U.S.C. § 881 creates a framework of offenses and procedures governing this type of forfeiture. The statute provides for the forfeit of “any property, real or personal, involved in such offense, or any property traceable to such property.”
Can Teresa fight the forfeiture order in court? Since the forfeiture acts “against the person” and requires conviction of a crime, which was the case here as she admitted guilt in her plea agreement in March, the first line of defense for Teresa is against the conviction. A convicted defendant must shoulder the burden of proving the property did not have the necessary relationship to the crime in order to avoid the penalty.
The probation officer also reminded Teresa that the ONLY reason she was free was because of Judge Salas’ decision to allow this time to get her affairs in order, and forewarned her that they have the absolute right to visit she or Joe, unannounced, anytime they darn well feel like it. Will further charges be brought as a result of potential new evidence gathered from the pillage? Will perjury charges be solidified, and maybe even insurance fraud be pursued? Stay close to All About the Tea, as we continue to uncover the truth, and spill the tea!
Members of the press are required to credit allaboutthetea.com when referencing this article. Please post credit and links. Thank you.