Motion for Transfer Order — United States v. Kelly (Dkt. 293, D. Neb.)

Summary

A Motion for Transfer Order in United States of America v. Richard Kelly, No. 8:22CR125, in the U.S. District Court for the District of Nebraska, dated January 22, 2024. The United States asks the Court to direct the FBI to transfer $9,831.00 in currency seized from the defendant's residence to the Clerk of the District Court, to be applied to restitution expected to be ordered. It states that on December 19, 2023 the defendant entered a Plea Agreement (Filing No. 235) to plead guilty to Count XII of the Indictment and agreed that the seized money may be applied to restitution. The motion states that defense counsel agrees, and it is signed by Assistant U.S. Attorney John E. Higgins.

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8:22-cr-00125-BCB-MDN Doc # 293 Filed: 01/22/24 Page 1 of 2 - Page ID # 857




                         IN THE UNITED STATES DISTRICT COURT
                             FOR THE DISTRICT OF NEBRASKA


 UNITED STATES OF AMERICA,

                         Plaintiff,                                    8:22CR125

          vs.

 RICHARD KELLY,                                              MOTION FOR TRANSFER
                         Defendant.                                ORDER



         The United States of America hereby requests that this Court issue an Order directing the

Federal Bureau of Investigation (FBI) to transfer $9,831.00 United States currency seized from

Defendant, which the FBI is holding as custodian, to the Clerk of the District Court for the District

of Nebraska, to be applied to Defendant’s restitution obligation anticipated to be ordered in this

case. In support of this Motion, the United States shows as follows:

1.       In connection with this case, law enforcement previously seized from Defendant’s

         residence currency totaling $9,831.00. The Office of the U.S. Attorney for the District of

         Nebraska is informed that the FBI retains custody of the $9,831.00 seized from Defendant.

2.       On December 19, 2023, Defendant entered into a Plea Agreement (Filing No. 235) wherein

         he agreed to enter a plea of guilty to Count XII of the Indictment and further agreed the

         $9,831.00 seized from his residence may be applied to any restitution ordered by the Court

         in this case.

3.       With turnover of the $9,831.00 currently in the custody of the FBI, the parties anticipate

         that Defendant’s remaining restitution balance will be at least $180,166.00.



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     8:22-cr-00125-BCB-MDN Doc # 293 Filed: 01/22/24 Page 2 of 2 - Page ID # 858




4.       The parties have conferred, and Defendant’s counsel agrees with this Motion and the

         proposed Order.

         Dated: January 22, 2024.

                                                By:   s/ John E. Higgins
                                                      JOHN E. HIGGINS, #19546
                                                      Assistant U.S. Attorney
                                                      1620 Dodge Street, Suite 1400
                                                      Omaha, NE 68102-1506
                                                      Tel: (402) 661-3700
                                                      Fax: (402) 345-5724
                                                      E-mail: john.higgins@usdoj.gov

                                    CERTIFICATE OF SERVICE

        I hereby certify that on January 22, 2024, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system which sent notification of such filing to all registered
participants.

                                                      s/ John E. Higgins
                                                      Assistant U.S. Attorney




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