Consent Order of Forfeiture as to Craig David Davis — USA v. Davis (Dkt. 59, E.D. Va.)

Record facts

U.S. District Court for the Eastern District of Virginia · No. 1:24-cr-00040-PTG · Doc. 59 · 2025-03-06 · Docket on CourtListener

Full text

FILED
IN OPEN COURT
IN THE UNITED STATES DISTRICT COURT
FOR ITIE EASTERN DISTRICT OF VIRGINU.
Alexandria Division
-6 2025
CLERK, U.S. DISTRICT COURT
ALEXANDRIA. VIRRIUIA
UNITED STATES OF AMERICA
Criminal No. 1:24-cr-40
V.
CRAIG DAVID DAVIS.
Defendant.
CONSENT ORDER OF FORFEITURE
BASED UPON the plea agreement into which the defendant and the United Slates have
entered, and finding the requisite nexus between the property listed below and the offense to
which the defendant has pleaded guilty,
I'i' IS MERFIBY ORDERED THAT:
The following property is forfeited to the United Stales pursuant to 18 U.S.C. §
982(a)(2):
A sum of money in the amount of S8,995,191.55, which
represents the proceeds the defendant obtained as a result of
the violation in Count One of the Superseding Indictment and
which sum shall constitute a monetaiy judgment against the
defendant in favor of the United States. This is a sum for
which the defendant shall be solely liable. Further, this sum
shall be partially offset by the government’s net from the
forfeiture of the asset listed just below in paragraph 2 of this
order;
a.
The United States shall seize all forfeited properly and shall take full and
2.
exclusive custody and control of same, regardless of whether presently held by the defendant or a
third i:)aity. The United States is further authorized to conduct any discovery proper in
identifying, locating, or disposing of the forfeited property, pursuant to Fed. R. Crim. P.
32.2(b)(3).
Case 1:24-cr-00040-PTG     Document 59     Filed 03/06/25     Page 1 of 4 PageID# 339

3.
This forfeiture order is final as to the defendant, pursuant to Fed. R. Crim. P.
32.2(b)(4)(A), but preliminary as to third parties who may have a legal interest in a specific
property.
The United States shall, to the extent practicable, provide direct written notice to
4.
any persons known to have alleged an interest in the property, and shall publish notice of the
order in accordance with Fed. R. Crim. P. 32.2(b)(6).
Any person, other than the defendant, asserting any legal interest in the property
5.
may, within thirty days of the final publication of notice or receipt of direct written notice,
whichever is earlier, petition the Court for a hearing to adjudicate the validity of an alleged
interest in the property, pursuant to 21 U.S.C. § 853(n) and Fed. R. Crim. P. 32.2(c)(1).
Following the Court’s disposition of all timely petitions filed, a final order of
6.
forfeiture shall be entered.
If no third party files a timely petition, this order shall become the
final order of forfeiture, as provided by Federal Rule of Criminal Procedure 32.2(c)(2), and the
United States shall have clear title to the property, pursuant to 21 U.S.C. § 853(n)(7) and Fed. R.
Crim. P. 32.2(c)(2), and shall dispose of the property in accordance with law.
As to the monetary judgment set forth in paragraph 1 above, the defendant
7.
stipulates and the Court finds that the requirements of 21 U.S.C. § 853(p) have been satisfied and
that the government may, by motion filed pursuant to Fed. R. Crim. P. 32.2(e), collect on its
monetary judgment by all available means, including but not limited to the forfeiture of directly
forfeitable and substitute assets.
Upon entry of this order, the United States Attorney’s Office is authorized to
8.
conduct any appropriate discovery including depositions, interrogatories, requests for production
Case 1:24-cr-00040-PTG     Document 59     Filed 03/06/25     Page 2 of 4 PageID# 340

of documents and for admissions, and the issuance of subpoenas, to identify, locate, or dispose of
forfeitable property.
(QM/
Patricia Tolliver Giles
United States District Judge
Honorable Patricia T. Giles
United States District Judge
Alexandria, Virginia
Dated:
The parties stipulate and agree that the aforementioned assets represent property
described in 18 U.S.C. § 982(a)(2)(A) along with 21 U.S.C. § 853 and, as such, are subject to
forfeiture thereunder. The defendant hereby waives the requirements of Federal Rules of
Criminal Procedure 11 (b)(l)(J), 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, and consents to the entry of this order. The defendant further stipulates that the
requirements of 21 U.S.C. § 853(p) have been satisfied. The defendant agrees not to file or
Case 1:24-cr-00040-PTG     Document 59     Filed 03/06/25     Page 3 of 4 PageID# 341

interpose any claim to the property listed herein, in whole or in part, in any proceedings or
manner whatsoever.
SEEN AND AGREED TO:
ERIK S. SIEBERT
UNITED STATES ATTORNEY
Kathleen Robeson
Assistant United States Attorney
Craig David Davis
Defendant
%n^than SimMs, Esq.
Counsel for Defendant
Case 1:24-cr-00040-PTG     Document 59     Filed 03/06/25     Page 4 of 4 PageID# 342

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