Court filing
Proposed order (unsigned)
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2024-08-28 |
U.S. District Court for the Southern District of West Virginia · No. 1:24-cr-00036 · Doc. 34 · 2024-08-28 · Docket on CourtListener
Summary
A proposed preliminary order of forfeiture in United States of America v. Anna Marie Omar, Criminal No. 1:24-cr-00036, in the U.S. District Court for the Southern District of West Virginia at Bluefield, filed August 28, 2024 as Document 34. It recites that the defendant appeared with counsel on August 12, 2024 and pled guilty to Count Three of the Indictment, charging a violation of 18 U.S.C. § 1957, and that the Indictment sought a forfeiture money judgment of $23,410.60 in United States currency under 18 U.S.C. §§ 982(a)(1), 982(a)(2), 28 U.S.C. § 2461(c) and Rule 32.2 of the Rules of Criminal Procedure. The order would forfeit the defendant's interest in that money judgment, authorize collection discovery and subpoenas under Fed. R. Civ. P. 45, and record the defendant's waiver of notice and announcement requirements. Its signature and date lines are blank.
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Full text
1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD UNITED STATES OF AMERICA v. CRIMINAL NO. 1:24-cr-00036 ANNA MARIE OMAR PRELIMINARY ORDER OF FORFEITURE WHEREAS, the defendant, ANNA MARIE OMAR, appeared before this Court, with the assistance of counsel on August 12, 2024, and pled guilty to Count Three of the Indictment, which charged her with a violation of 18 U.S.C. § 1957 (engaging in monetary transactions in property derived from specified unlawful activity); Whereas, the Indictment also included a forfeiture allegation against the defendant seeking a forfeiture money judgment in the amount of $23,410.60 in United States currency, more or less, to the United States pursuant to 18 U.S.C. §§ 982(a)(1), 982(a)(2), 28 U.S.C. § 2461(c), and Rule 32.2 of the Rules of Criminal Procedure; WHEREAS, the defendant has consented to forfeit all of her right, title, and interest in the forfeiture money judgment in the amount of $23,410.60 in United States currency, more or less described above which constituted, or was derived from, any proceeds of, or facilitated the commission of, violation of 18 U.S.C. § 1957 as set forth in the Indictment; ACCORDINGLY, based on the defendant’s plea of guilty and finding that there is a nexus between the property listed above and the offense to which the defendant has pled guilty, and that the defendant had a possessory interest or other legal interest in the property, the Court hereby Case 1:24-cr-00036 Document 34 Filed 08/28/24 Page 1 of 3 PageID #: 95 2 ORDERS that any and all interest of the defendant, ANNA MARIE OMAR, in the property listed above be and the same hereby is FORFEITED to the United States pursuant to 18 U.S.C. §§ 982(a)(1), 982(a)(2), 28 U.S.C. § 2461(c), and Rule 32.2 of the 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. §§ 982(a)(1), 982(a)(2), 28 U.S.C. § 2461(c), and Rule 32.2 of the Rules of Criminal Procedure. 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 Case 1:24-cr-00036 Document 34 Filed 08/28/24 Page 2 of 3 PageID #: 96 3 any of this property, defendant hereby withdraws that claim. If defendant has not previously submitted such a claim, defendant hereby waives all right to do so. As to any specific assets, following the Court’s disposition of all timely petitions, a final order of forfeiture shall be entered. The Clerk is directed to send certified copies of this Order to counsel of record, to West Virginia State Police, Drug Task Force, Sergeant, Brad Burner, P. O. Box 1011, Beckley, WV 25801. IT IS SO ORDERED this ____ day of ____________, 2024. ENTER: _________________________________ DAVID A. FABER Senior United States District Court ORDER PREPARED BY: /s/Justin A. Marlowe JUSTIN A. MARLOWE Assistant United States Attorney WV State Bar No. 9695 300 Virginia Street, East, Room 4000 Charleston, WV 25301 Telephone: 304-345-2200 Facsimile: 304-340-7851 E-mail: justin.marlowe@usdoj.gov Case 1:24-cr-00036 Document 34 Filed 08/28/24 Page 3 of 3 PageID #: 97
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- gov.uscourts.wvsd.238610.34.0.pdf
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