Court filing
PROPOSED ORDER Preliminary Order of Forfeiture by United States of… — United States of America v. Ransom (Dkt. 21)
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2022-09-14 |
U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00122 · Doc. 21 · 2022-09-14 · Docket on CourtListener
Summary
A proposed preliminary order of forfeiture, filed September 14, 2022 as Document 21 in United States of America v. Alexis Ransom, Criminal No. 2:22-cr-00122, in the U.S. District Court for the Southern District of West Virginia at Charleston. The order recites that the defendant appeared with counsel on August 3, 2022 and pled guilty to a single-count information charging a violation of 18 U.S.C. § 1343, and that the information included a forfeiture allegation under 18 U.S.C. §§ 981 and 982, 28 U.S.C. § 2461(c) and Rule 32.2(a). It would enter a forfeiture money judgment of $42,250.00 in United States currency, which the order states the defendant has consented to forfeit. It also provides for post-order discovery, waives notice and announcement requirements under Fed. R. Crim. P. 32.2 and 43(a), and would become final upon judgment. The signature and date lines are blank.
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Full text
1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON UNITED STATES OF AMERICA v. CRIMINAL NO. 2:22-cr-00122 ALEXIS RANSOM PRELIMINARY ORDER OF FORFEITURE WHEREAS, the defendant, ALEXIS RANSOM, appeared before this Court on August 3, 2022, with the assistance of counsel, and pled guilty to a Single-Count Information in this matter, which charged her with a violation of 18 U.S.C. § 1343 (Wire Fraud); WHEREAS, the Information also included a forfeiture allegation against ALEXIS RANSOM seeking forfeiture to the United States pursuant to 18 U.S.C. §§ 981 and 982, 28 U.S.C. § 2461(c), and Rule 32.2(a) of the Federal Rules of Criminal Procedure of the following: 1. A forfeiture money judgment in the amount of $42,250.00 in United States currency, more or less, such amount constituting the proceeds of the violations set forth in the Information. WHEREAS, the defendant has consented to forfeit all of her right, title, and interest in the forfeiture money judgment in the amount of $42,250.00 in United States currency, more or less described above which constituted, or was derived from, any proceeds of, or facilitated the commission of, a violation of 18 U.S.C. § 1343 as set forth in the Information; Case 2:22-cr-00122 Document 21 Filed 09/14/22 Page 1 of 3 PageID #: 68 2 ACCORDINGLY, based on the foregoing, the Court hereby ORDERS that any and all interest of the defendant, ALEXIS RANSOM, in the property listed above be and the same hereby is FORFEITED to the United States pursuant to 18 U.S.C. §§ 981 and 982, 28 U.S.C. § 2461(c) and Rule 32.2(a) of the Federal Rules of Criminal Procedure. WHEREAS, Fed. R. Crim. P. 32.2(c)(1) provides that “no ancillary proceeding is required to the extent the forfeiture consists of a money judgment.” Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States Attorney’s Office is authorized to conduct any discovery needed to identify, locate, or dispose of the property, including depositions, interrogatories, and requests for production of documents, and to issue subpoenas pursuant to Fed. R. Civ. P. 45. A forfeiture money judgment shall be included in the defendant’s sentence, and the United States may take steps to collect the judgment from any property of the defendant, provided, the value of any forfeited specific assets shall be credited toward satisfaction of this money judgment upon liquidation. The parties stipulate and agree that the aforementioned asset(s) constitute property derived from or traceable to proceeds of defendant’s crime(s) herein or property used in any manner to facilitate the commission of such offense(s) and are therefore subject to forfeiture pursuant to 18 U.S.C. § 981 and 28 U.S.C. § 2461(c). The defendant hereby waives the requirements of Fed. R. Crim. P. 32.2 and 43(a) regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment against defendant. If the defendant has previously submitted a claim in response to an administrative forfeiture proceeding regarding any of this property, defendant hereby withdraws Case 2:22-cr-00122 Document 21 Filed 09/14/22 Page 2 of 3 PageID #: 69 3 that claim. If defendant has not previously submitted such a claim, defendant hereby waives all right to do so. This order shall become the final order of forfeiture upon judgment of the defendant, as provided by Fed. R. Crim. P. 32.2(c)(2), and the United States shall have clear title to the property, and shall dispose of the property according to law. The Clerk is directed to send certified copies of this Order to counsel of record and to Sergeant Brad S. Burner, West Virginia State Police, Bureau of Criminal Investigations, Post Office Box 1296, Bluefield, West Virginia 24701. IT IS SO ORDERED this ____ day of ____________, 2022. ENTER: _________________________________ DAVID A. FABER Senior United States District Judge ORDER PREPARED BY: /s/_Andrew D. Isabell___________ ANDREW D. ISABELL Assistant United States Attorney WV State Bar No. 13210 110 North Heber Street, Room 261 Beckley, WV 25801 Telephone: 304-253-6722 Fax: 304-253-9206 Email: andy.isabell@usdoj.gov Case 2:22-cr-00122 Document 21 Filed 09/14/22 Page 3 of 3 PageID #: 70
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