Proposed Order (PDF Only) — USA v. Foreman (Dkt. 118.1)

Record facts

U.S. District Court for the District of Colorado · No. 1:21-cr-00165-WJM · Doc. 118-1 · 2023-12-06 · 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-00165-RM-2 
 
UNITED STATES OF AMERICA, 
 
 
Plaintiff, 
 
v. 
  
2.  
CHANDLER SIMBECK, 
 
 
 
Defendant.  
______________________________________________________________________ 
 
PRELIMINARY ORDER OF FORFEITURE FOR SPECIFIC ASSETS AND A 
PERSONAL MONEY JUDGMENT AGAINST DEFENDANT CHANDLER SIMBECK 
______________________________________________________________________ 
 
 
THIS MATTER comes before the Court on the United States’ Motion for 
Preliminary Order of Forfeiture for Specific Assets and for a Personal Money Judgment 
against defendant Chandler Simbeck, pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 
2461(c), and Fed. R. Crim. P. Rule 32.2(b).  The Court having read said Motion and 
being fully advised in the premises finds: 
On May 18, 2021, the grand jury charged defendant Chandler Simbeck by 
Indictment in Count 12 with violations of 18 U.S.C. § 371, and in Count 13 with 
violations of 18 U.S.C. §§ 1343 and 2. The Indictment also contained a forfeiture 
allegation providing the defendant with notice that the United States, pursuant to the 
provisions of 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), would seek forfeiture of 
all property constituting and derived from any proceeds he obtained directly and 
indirectly as a result of such offenses provided notice of the United States’ intent to seek 
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a money judgment in the amount of the proceeds that he obtained as a result of the 
scheme charged in Counts 12 and 13 of the Indictment. 
On April 21, 2023, the United States and defendant Chandler Simbeck entered 
into a Plea Agreement, in which the defendant agreed, among other things, to plead 
guilty to Count 12. The defendant also agreed to forfeit to the United States any and all 
interest the defendant may have in the below-listed assets. The facts as set forth in the 
Plea Agreement provide an ample basis for an order of forfeiture for the below-listed 
assets:  
a. Approximately $36,106.22 seized from Citizens Bank account #6441 held 
in the name of Etola Leipply; and 
b. Approximately $282.49 seized from FanDuel account #5854 held in the 
name of Chandler Simbeck. 
The facts as set forth in the Plea Agreement also provide an ample basis for entry of a 
personal money judgment in the amount of $151,000.  
 
THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED: 
 
THAT the United States’ Motion for Preliminary Order of Forfeiture for Specific 
Assets and for a Personal Money Judgment is GRANTED; 
THAT the above-described assets are subject to forfeiture as proceeds obtained 
by defendant Chandler Simbeck through commission of the offense in Count 12, to 
which he has pleaded guilty;  
THAT a Preliminary Order of Forfeiture for a Personal Money Judgment against 
defendant Chandler Simbeck in the amount of $151,000.00 shall be entered in 
accordance with 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c);   
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THAT, pursuant to Fed. R. Crim. P. 32.2(b)(4), this Preliminary Order of 
Forfeiture 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 Fed. 
R. Crim. P. 32.2(e)(1). 
 
SO ORDERED this _________ day of __________________, 2023. 
 
 
 
 
 
 
 
 
 
 
 
BY THE COURT: 
 
 
 
 
 
 
 
_________________________________ 
 
 
 
 
 
RAYMOND P. MOORE 
 
 
 
 
 
Senior United States District Judge 
 
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