Proposed Order of Forfeiture (Money Judgment) — USA v. Savath (Dkt. 23-1, D. Mass.)

Record facts

U.S. District Court for the District of Massachusetts · No. 1:21-cr-10269-RGS · Doc. 23-1 · 2022-06-15 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 
 
UNITED STATES OF AMERICA 
) 
) 
   v. 
) 
Criminal No. 21-CR-10269 
) 
CHYNNA SAVATH  
 
 
) 
 
) 
 
 
 
 
Defendant. 
 
) 
 
ORDER OF FORFEITURE (MONEY JUDGMENT) 
 
STEARNS, D.J.   
WHEREAS, on September 13, 2021, the United States Attorney for the District of 
Massachusetts filed a two-count Information charging defendant Chynna Savath (the 
“Defendant”) with Wire Fraud, in violation of 18 U.S.C. § 1343 (Counts One and Two);  
WHEREAS, the Information also included a Forfeiture Allegation, pursuant to 18 U.S.C. 
§ 981(a)(1)(C) and 28 U.S.C. § 2461(c), which provided notice that the United States intended to 
seek the forfeiture, upon conviction of the Defendant of one or more of the offenses alleged in 
Counts One and Two, of any property, real or personal, which constitutes or is derived from 
proceeds traceable to the offenses. The property to be forfeited included, but was not limited to, 
the following: 
(a) 
$29,646 in United States currency, to be entered in the form of an Order of 
Forfeiture (Money Judgment); 
 
WHEREAS, the Information further provided that, if any of the above-described forfeitable 
property, as a result of any act or omission by the Defendant, (a) cannot be located upon the 
exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) 
has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in 
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value; or (e) has been commingled with other property which cannot be divided without difficulty, 
the United States is entitled to seek forfeiture of any other property of the Defendant, up to the 
value of such assets, pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C § 2461(c); 
WHEREAS, on January 20, 2022, the Defendant waived indictment and pleaded guilty to 
a two-count Information charging Wire Fraud, in violation of 18 U.S.C. § 1343 (Counts One and 
Two), pursuant to a written plea agreement the Defendant signed on September 8, 2021; 
WHEREAS, in Section 7 of the plea agreement, the Defendant agreed to forfeit to the 
United States $29,646 in United States currency on the grounds that such amount equals the 
proceeds the Defendant obtained as a result of the offense to which she pled guilty; 
WHEREAS, based on the Defendant’s admissions in the written plea agreement and her 
guilty plea, the United States is entitled to an Order of Forfeiture consisting of a personal money 
judgment against the Defendant in the amount of $29,646 in United States currency, pursuant to 
18 U.S.C. § 981(a)(1)(C) and 28 U.S.C § 2461(c);  
WHEREAS, the $29,646 in United States currency constitutes proceeds that the 
Defendant obtained as a result of violations of 18 U.S.C. § 1343; 
WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure provides that 
Ano ancillary proceeding is required to the extent that the forfeiture consists of a money 
judgment.” 
ACCORDINGLY, it is hereby ORDERED, ADJUDGED, and DECREED: 
1. 
The Defendant shall forfeit to the United States the sum of $29,646 in United 
States currency, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C § 2461(c).  
2.  
This Court shall retain jurisdiction in the case for the purpose of enforcing this 
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Order. 
3.  
The United States may, at any time, move pursuant to Rule 32.2(e) of the Federal 
Rules of Criminal Procedure to amend this Order to substitute property having a value not to 
exceed the amount set forth in Paragraph 1 to satisfy the money judgment in whole or in part. 
4. The United States may conduct, pursuant to Rule 32.2(b)(3) of the Federal Rules of 
Criminal Procedure and 21 U.S.C. § 853(m), incorporated by 28 U.S.C. § 2461(c), any discovery 
to identify, locate or dispose of forfeitable property or substitute assets, including, but not limited 
to, depositions and requests for documents, electronically stored information, and tangible 
things. 
5. Pursuant to Rule 32.2(b)(4), this Order shall be included in the sentence pronounced 
and imposed by the Court at the sentencing hearing, and in the criminal judgment entered by this 
Court against the Defendant. 
 
 
                                                        
RICHARD G. STEARNS  
United States District Judge 
 
Dated:                                 
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