MOTION for Forfeiture a Forfeiture Money Judgment and a Preliminary Order by USA as to Aleta… — USA v. Thomas (Dkt. 84)

Record facts

U.S. District Court for the Northern District of Oklahoma · No. 4:21-cr-00239-GKF · Doc. 84 · 2022-01-04 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF OKLAHOMA 
 
UNITED STATES OF AMERICA, 
                 Plaintiff,           
 
 
v. 
 
Case No. 21-CR-239-GKF 
ALETA NECOLE THOMAS, 
                 Defendant. 
 
 
Motion of the United States 
for a Forfeiture Money Judgment and Preliminary Order of Forfeiture 
  
The United States of America, by undersigned counsel, requests the entry of a 
forfeiture money judgment and preliminary order of forfeiture of certain property for 
the reasons set forth below.  
 
On December 7, 2021, Defendant Aleta Necole Thomas pled guilty to Counts 
Three and Four of the Second Superseding Indictment (Dkt. #48). Dkt. # 75.  As 
part of her Plea Agreement, and pursuant to 18 U.S.C. § 982(a)(2), Thomas agreed to 
the entry of a $795,158.50 forfeiture money judgment. However, the United States is 
seeking entry of a $118,678.39 money judgment representing proceeds the defendant 
obtained as a result of the false statement to a financial institution offenses.  The 
defendant further agreed to the forfeiture of the following property constituting or 
derived from proceeds traceable to the offenses:  
ACCOUNTS 
 
1. $170,744.05 in funds, seized from Tulsa Federal Credit Union account number 
xxx5999;  
Case 4:21-cr-00239-GKF     Document 84 Filed in USDC ND/OK on 01/04/22     Page 1 of 4

 
 
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2. $20,100.52 in funds, seized from Tulsa Federal Credit Union account number 
xxx6774; and  
 
3. $19,146.54 in funds seized from Tulsa Federal Credit Union account number 
xx7049. 
 
Dkt # 78, at 8-10. 
Upon the issuance of a Preliminary Order of Forfeiture, the United States will 
publish notice of the forfeiture and its intent to dispose of the property in such a 
manner as the Attorney General may direct.  21 U.S.C. § 853(n) and Fed. Rule of 
Crim. P. 32.2(b)(6).  The notice will state that any person, other than the defendant, 
having or claiming a legal interest in the property must file a petition with the Court 
and serve a copy on Reagan V. Reininger, Assistant United States Attorney, within 
thirty (30) days of the final date of publication of notice or within thirty (30) days of 
receipt of actual notice, whichever is earlier.  This notice will state that the petition 
shall: (a) be for a hearing to adjudicate the validity of the petitioner’s alleged interest 
in the property; (b) be signed by the petitioner under penalty of perjury; (c) set forth 
the nature and extent of the petitioner’s right, title or interest in the property; and (d) 
set forth any additional facts supporting the petitioner’s claim and the relief sought.  
Additionally, the United States will send notice to any person who reasonably 
appears to be a potential claimant with standing to contest the forfeiture in the 
ancillary proceeding.   
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If a third party petition to the property is not timely filed, the Preliminary Order 
of Forfeiture becomes final and the United States shall have clear title to the property 
for disposition according to law. Fed. R. Crim. P. 32.2(c)(2). 
The entry of a forfeiture money judgment is authorized by Rule 32.2 of the 
Federal Rules of Criminal Procedure. Rule 32.2(c)(1) provides that “no ancillary 
proceeding is required to the extent that the forfeiture consists of a money 
judgment.”  
The United States requests that the Court enter a Forfeiture Money Judgment in 
the amount of $118,678.39 against Thomas, and a Preliminary Order of Forfeiture of 
the specified property.   
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
CLINTON J. JOHNSON 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
/s/ Reagan V. Reininger 
 
REAGAN V. REININGER, OBA #22326 
Assistant United States Attorney 
110 West 7th Street, Suite 300 
Tulsa, Oklahoma  74119 
Telephone:  918.382.2700 
Email:  reagan.reininger@usdoj.gov  
 
 
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Certificate of Service 
 
I hereby certify that on January 4, 2022, the foregoing document was 
electronically transmitted to the Clerk of Court using the ECF System for filing and 
transmittal of a Notice of Electronic Filing to counsel of record.   
 
/s/ Mari-Jean Ogle  
 
 
 
 
 
 
 
MARI-JEAN OGLE, Paralegal 
 
Case 4:21-cr-00239-GKF     Document 84 Filed in USDC ND/OK on 01/04/22     Page 4 of 4

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