Proposed order (unsigned)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 1:24-cr-00036 · Doc. 42 · 2025-02-13 · Docket on CourtListener

Summary

A proposed final order of forfeiture, filed February 13, 2025 as Document 42 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. The order recites that on September 12, 2024 the court entered a preliminary order of forfeiture and money judgment under 18 U.S.C. §§ 982(a)(1), 982(a)(2), 28 U.S.C. § 2461(c) and Rule 32.2, ordering the defendant to forfeit her interest in $23,410.60 in United States currency. It states that, based on the defendant's guilty plea and findings of a nexus between the property and the offense and of the defendant's interest in it, that interest is forfeited, condemned and vested in the United States. It also records waivers under Fed. R. Crim. P. 32.2 and 43(a) and authorizes post-order discovery. The date and signature lines are blank.

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Full text

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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 
 
 
FINAL ORDER OF FORFEITURE 
WHEREAS, on September 12, 2024, this Court entered a Preliminary Order of Forfeiture 
[ECF35], money judgment pursuant to the provisions of 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; ordering the defendant, 
ANNA MARIE OMAR, to forfeit to the United States any and all interest in the $23,410.60 in 
United States currency, more or less.  
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 
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 
Case 1:24-cr-00036     Document 42     Filed 02/13/25     Page 1 of 3 PageID #: 114

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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.  
WHEREAS, the Court finds that the defendant ANNA MARIE OMAR had an interest in 
the above-described property that is 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 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 
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. 
Case 1:24-cr-00036     Document 42     Filed 02/13/25     Page 2 of 3 PageID #: 115

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that 
all right, title and interest is hereby CONDEMNED, FORFEITED, and VESTED in the United 
States of America, and shall be disposed of according to law for the $23,410.60 in United States 
currency. 
It is further ORDERED that the Attorney General or his authorized designee shall dispose 
of the property according to law. 
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 ____________, 2025. 
 
 
 
 
 
 
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 42     Filed 02/13/25     Page 3 of 3 PageID #: 116

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