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U.S. v. Afriyie

Appeal of Sentence Mandates Dismissal of Untimely Motion to Vacate Forfeiture Order

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OPINION AND ORDER

*1  Pending before the Court is a motion by non-party MSD Capital, L.P. (“MSD”), Dkt. 161 (“Mot.”), seeking to vacate this Court’s April 21, 2017 final order of forfeiture, Dkt. 127. MSD moves pursuant to Federal Rule of Criminal Procedure 60 and the Crime Victims’ Rights Act (“CVRA”). Because defendant John Afriyie has already filed a notice of appeal challenging his sentence, the Court is compelled to dismiss MSD’s motion for lack of jurisdiction. Nevertheless, to assist the Court of Appeals in the event the issue arises on appeal, and to forestall duplicative litigation in the event of a remand, the Court separately explains why, were jurisdiction proper, MSD’s motion would fail on the merits. I. BackgroundA. Afriyie’s Conviction and the Court’s Forfeiture OrdersOn January 30, 2017, a jury found Afriyie guilty of one count of securities fraud and one count of wire fraud. Dkt. 81. Each count was based on an insider trading scheme that Afriyie carried out during his tenure as an analyst at MSD. The evidence at trial showed that Afriyie had accessed, from MSD’s confidential database, information about a plan by private equity company Apollo Global Management LLC to buy security company ADT Corporation, after Apollo had privately approached MSD about providing financing. Afriyie then purchased exotic

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