Proposed Order (PDF Only) — USA v. Zaghab (Dkt. 15.1)

Record facts

U.S. District Court for the District of Colorado · No. 1:21-cr-00188-RBJ · Doc. 15-1 · 2021-10-12 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
 
Criminal Case No. 21-cr-00188-RBJ 
 
UNITED STATES OF AMERICA, 
 
 
Plaintiff, 
 
v. 
  
1.  
ANTHONY ZAGHAB, 
 
 
 
Defendant.  
______________________________________________________________________ 
 
PRELIMINARY ORDER OF FORFEITURE FOR A PERSONAL MONEY JUDGMENT 
AND SPECIFIC ASSETS AGAINST DEFENDANT ANTHONY ZAGHAB 
______________________________________________________________________ 
 
 
THIS MATTER comes before the Court on the United States’ Motion for 
Preliminary Order of Forfeiture for a Personal Money Judgment and Specific Assets 
against defendant Anthony Zaghab pursuant to Rule 32.2(b)(2) of the Federal Rules of 
Criminal Procedure.  The Court having read said Motion and being fully advised in the 
premises finds: 
THAT on June 8, 2021, the United States charged defendant Anthony Zaghab by 
Information in Count One with violation of Title 18, United States Code, Section 1343.  
The Information also sought forfeiture of the following assets pursuant to Title 18, 
United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 
2461(c): 1) $120,070 in fraud proceeds the defendant voluntarily returned to the United 
States Secret Service; 2) more than $250,000 in fraud proceeds that were applied to the 
Case 1:21-cr-00188-RBJ   Document 15-1   Filed 10/12/21   USDC Colorado   Page 1 of 3

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mortgage for a home held in the defendant’s wife’s name; and (3) a money judgment in 
the amount of the proceeds obtained by the defendant’s scheme; and  
 
THAT on August 9, 2021, the United States and defendant Anthony Zaghab 
entered into a Plea Agreement, which provided that defendant would plead guilty to 
Count One of the Information. It also contained a factual basis and cause to issue a 
Preliminary Order of Forfeiture pursuant to Title 18, United States Code, Section 
981(a)(1)(C), Title 28, United States Code, Section 2461(c), and Rule 32.2(b) of the 
Federal Rules of Criminal Procedure.   
 
 
THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED: 
THAT the $120,070 in fraud proceeds the defendant voluntarily returned is 
subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(1)(C) and 
Title 28, United States Code, Section 2461(c), based on the commission of the offense 
set forth in Count 1; 
THAT a Preliminary Order of Forfeiture for a Personal Money Judgment against 
defendant Anthony Zaghab in the amount of $588,071.00, which has been credited with 
the $120,070.00 in fraud proceeds the defendant voluntarily returned, shall be entered 
in accordance with Title 18, United States Code, Section 981(a)(1)(C) and Title 28, 
United States Code, Section 2461(c); 
THAT defendant’s interest in the more than $250,000 in fraud proceeds that were 
applied to the mortgage for a home held in the defendant’s wife’s name is subject to 
forfeiture pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, 
United States Code, Section 2461(c), based on the commission of the offense set forth 
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in Count 1, such interest to be determined in related civil forfeiture case number 21-cv-
01400-STV; and 
THAT the net proceeds of any other judicially forfeited assets in this case and the 
related civil forfeiture case number 21-cv-01400-STV shall be credited toward the 
defendant’s money judgment;  
THAT Pursuant to Federal Rule of Criminal Procedure 32.2(b)(4), this Forfeiture 
Money Judgment shall become final as to the defendant at the time of sentencing and 
shall be made part of the sentence and included in the judgment; and  
THAT this Preliminary Order of Forfeiture may be amended pursuant to the 
Federal Rules of Criminal Procedure, Rule 32.2(e)(1). 
 
 
SO ORDERED this _________ day of __________________2021. 
 
 
 
 
 
 
 
 
 
 
 
BY THE COURT: 
 
 
 
 
 
 
 
_________________________________ 
 
 
 
 
 
The Honorable R. Brooke Jackson 
 
 
 
 
 
United States District Court Judge 
 
Case 1:21-cr-00188-RBJ   Document 15-1   Filed 10/12/21   USDC Colorado   Page 3 of 3

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