PROPOSED ORDER Preliminary Order of Forfeiture by United States of… — United States of America v. Elick (Dkt. 21)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 1:25-cr-00056 · Doc. 21 · 2025-06-24 · Docket on CourtListener

Summary

A proposed Preliminary Order of Forfeiture filed June 24, 2025 as Document 21 in United States of America v. April Elick, Criminal No. 1:25-cr-00056, in the United States District Court for the Southern District of West Virginia at Bluefield. It recites that the defendant appeared with counsel on June 2, 2025 and pled guilty to an Information charging a violation of 18 U.S.C. § 641, theft of government money, and that the Information sought a forfeiture money judgment of $97,802.59 in United States currency under 18 U.S.C. §§ 981, 982 or 28 U.S.C. § 2461(c). It states that the defendant consented to that judgment, and it forfeits her interest accordingly. The order authorizes discovery under Fed. R. Crim. P. 32.2(b)(3) and subpoenas under Fed. R. Civ. P. 45, and records the defendant's waiver of the notice requirements of Fed. R. Crim. P. 32.2 and 43(a). It is three pages.

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Full text

1 
 
IN THE UNITED STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF WEST VIRGINIA 
BLUEFIELD 
 
UNITED STATES OF AMERICA, 
 
v. 
 
CRIMINAL NO. 1:25-cr-00056 
 
APRIL ELICK 
PRELIMINARY ORDER OF FORFEITURE 
WHEREAS, the defendant, APRIL ELICK, appeared before this Court on June 2, 2025, 
with the assistance of counsel, and pled guilty to the said Information, which charged her with a 
violation of 18 U.S.C. § 641 (Theft of Government Money); 
WHEREAS, the Information also included a forfeiture allegation against APRIL ELICK 
seeking a forfeiture money judgment in the amount of $97,802.59 in United States currency, more 
or less, to the United States pursuant to 18 U.S.C. §§ 981, 982 or 28 U.S.C. § 2461(c).   
WHEREAS, the defendant has consented to forfeit all of her right, title, and interest in the 
forfeiture money judgment in the amount of $97,802.59 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. § 641 as set forth in the Information; 
ACCORDINGLY, based on the foregoing, the Court hereby ORDERS that any and all 
interest of the defendant, APRIL ELICK, in the property listed above be and the same hereby is 
FORFEITED to the United States pursuant to 18 U.S.C. §§ 981, 982 or 28 U.S.C. § 2461(c).   
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.” 
Case 1:25-cr-00056     Document 21     Filed 06/24/25     Page 1 of 3 PageID #: 55

2 
 
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, 982 or 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 
that claim. If defendant has not previously submitted such a claim, defendant hereby waives all 
right to do so. 
Having established a nexus between the violation and the asset in this matter, the United 
States will have a clear right, title and interest in the forfeiture money judgment in this matter.  
As to any specific assets, following the Court’s disposition a final order of forfeiture shall be 
entered.  
Case 1:25-cr-00056     Document 21     Filed 06/24/25     Page 2 of 3 PageID #: 56

3 
 
The Clerk is directed to send certified copies of this Order to counsel of record, to First 
Sergeant Bradford S. Burner, CFE, West Virginia State Police, Bureau of Criminal Investigations, 
Post Office Box 1011, Beckley, West Virginia 25801.  
 
IT IS SO ORDERED this ____ day of ____________, 2025. 
 
 
 
 
 
 
ENTER: 
 
 
_________________________________ 
DAVID A. FABER 
United States District Judge 
 
 
ORDER PREPARED BY: 
/s/Justin A. Marlowe______________ 
JUSTIN A. MARLOWE 
Assistant United States Attorney 
WV State Bar No. 9695 
United States Attorney’s Office 
300 Virginia Street, East, Room 4000 
Charleston, WV  25301 
Telephone: 304-345-2200/ Fax: 304-347-5104 
Email: justin.marlowe@usdoj.gov  
 
 
 
 
 
 
Case 1:25-cr-00056     Document 21     Filed 06/24/25     Page 3 of 3 PageID #: 57

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