MOTION for Forfeiture of Property for Preliminary Order of Forfeiture for Specific Assets… — USA v. Lattany (Dkt. 17)

Record facts

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 17 · 2023-07-21 · Docket on CourtListener

Summary

The United States' motion for a preliminary order of forfeiture for a personal money judgment and specific assets, filed July 21, 2023 as Document 17 in USA v. Lattany, No. 1:23-cr-00074-NYW, in the U.S. District Court for the District of Colorado. The motion recounts that an Information filed March 17, 2023 charged defendant Dejane Reaniece Lattany with wire fraud under 18 U.S.C. § 1343, and that she entered a Plea Agreement on April 26, 2023 consenting to forfeiture. Citing 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), it seeks forfeiture of a Commerce City, Colorado property, $17,348.46 and $945,572.89 in seized account funds, two Hummer vehicles, and a money judgment of $3,337,476.94. It is signed by Assistant U.S. Attorney Laura B. Hurd and ends with a certificate of service.

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Full text

1 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
 
Criminal Case No. 23-cr-00074-NYW 
 
UNITED STATES OF AMERICA, 
 
 
Plaintiff, 
 
v. 
  
1.   
DEJANE REANIECE LATTANY,  
 
 
 
Defendant.  
______________________________________________________________________ 
 
UNITED STATES’ MOTION FOR PRELIMINARY ORDER OF FORFEITURE FOR A 
PERSONAL MONEY JUDGMENT AND SPECIFIC ASSETS 
______________________________________________________________________ 
 
COMES NOW the United States of America (“United States”), by and through 
United States Attorney Cole Finegan and Assistant United States Attorney Laura B. Hurd, 
pursuant to the provisions of 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), and Rule 
32.2(b) of the Federal Rules of Criminal Procedure, and moves this Court to enter a 
Preliminary Order of Forfeiture.  In support, Plaintiff states the following: 
MEMORANDUM OF LAW 
I. 
Statement of Facts 
1. 
On March 17, 2023, an Information was filed charging defendant Dejane 
Reaniece Lattany in Count One with Wire Fraud, a violation of 18 U.S.C. § 1343.  (ECF 
Doc. #1). 
2. 
The United States also sought forfeiture pursuant to 18 U.S.C. § 
981(a)(1)(C), and 28 U.S.C. § 2461(c) of all proceeds obtained from, and any property 
constituting and derived from any proceeds the defendant obtained directly and indirectly 
as a result of such offense, including, but not limited to: 
Case No. 1:23-cr-00074-NYW     Document 17     filed 07/21/23     USDC Colorado     pg 1
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a. 11125 Quintero Court, Commerce City, Colorado, 80022; 
b. $17,344.391 seized from Sunflower Bank Checking Account 
#1100035300; 
c. 2009 Hummer Sut2 Luxury, VIN: 5GRGN02279H100429; 
d. 2008 Hummer Utility Passenger Vehicle, VIN: 
5GRGN23828H101341; 
e. $945,572.89 seized from Canvas Credit Union Checking Account # 
626207; and 
f. a money judgment in the amount of proceeds obtained by the 
scheme and by the defendant.  Id. at p. 7.   
 
3. 
On April 26, 2023, the United States and defendant Dejane Reaniece 
Lattany entered into a Plea Agreement.  (ECF Doc. #13).  The Plea Agreement provides, 
inter alia, that the defendant agreed to plead guilty to Count One of the Information, 
charging a violation of 18 U.S.C. § 1343.  The defendant also agreed and consented to 
the forfeiture of the above-listed assets, and a money judgment in the amount of 
$3,337,476.94, which represents the proceeds obtained by the scheme and by the 
defendant.  Id. at p. 2, 5. 
II. 
Legal Argument 
4. 
Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), the Court 
shall order criminal forfeiture of all property constituting or derived from proceeds 
traceable to 18 U.S.C. § 1343.3  Title 28, United States Code, Section 2461(c) allows for 
the criminal forfeiture of any property that can be civilly forfeited. 
5. 
According to Rule 32.2(b)(1)(A) of the Federal Rules of Criminal Procedure, 
 
1 After seizure, the Sunflower Checking Account #1100035300 amount was more 
specifically identified as $17,348.46. 
2 The 2009 Hummer Sut is a 2009 Hummer SVT.   
3 Title 18, United States Code, Section 981(a)(1)(C) provides for the forfeiture of any 
property constituting or derived from proceeds traceable to a “specified unlawful activity” 
as defined in 18 U.S.C. § 1956(c)(7).  In turn, 18 U.S.C. § 1956(c)(7) includes any 
offense listed in 18 U.S.C. § 1961(1) as a “specified unlawful activity.”  Wire Fraud in 
violation of 18 U.S.C. § 1343 is listed in 18 U.S.C. § 1961.   
Case No. 1:23-cr-00074-NYW     Document 17     filed 07/21/23     USDC Colorado     pg 2
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the Court must determine what property is subject to forfeiture under 18 U.S.C. § 
981(a)(1)(C) and 28 U.S.C. § 2461(c) as soon as practicable after a plea of guilty.  “The 
court’s determination may be based on evidence already in the record, including any 
written plea agreement, and on any additional evidence or information submitted by the 
parties and accepted by the court as relevant and reliable.”  Fed. R. Crim. P. 32.2(b)(1)(B). 
6. 
Once the property is determined to be subject to forfeiture, the Court must 
promptly enter a Preliminary Order of Forfeiture.  Fed. R. Crim. P. 32.2(b)(2)(A).  It is 
mandatory that the Preliminary Order of Forfeiture is entered “sufficiently in advance of 
sentencing to allow the parties to suggest revisions or modifications before the order 
becomes final as to the defendant.”  Fed. R. Crim. P. 32.2(b)(2)(B).  
7. 
As set forth in the Plea Agreement, defendant Dejane Reaniece Lattany 
agrees that from approximately June 2020 to January 2022, she knowingly and 
intentionally prepared and submitted fraudulent EIDL, EIDG, and PPP applications to the 
SBA in her own name as a sole proprietorship, and on behalf of businesses she 
purportedly owned and operated. In total, defendant Lattany obtained $3,337,476.94 in 
fraudulently obtained proceeds.4 (ECF Doc. #13 at p. 10-15, Doc. #15, ¶ 45).  Accordingly, 
a forfeiture money judgment in the amount of $3,337,976.94 should be entered against 
defendant Lattany. 
8. 
In addition, the following assets were funded with the proceeds obtained 
through the wire fraud scheme: 
a. 11125 Quintero Court, Commerce City, Colorado, 80022; 
b. $17,348.46 seized from Sunflower Bank Checking Account 
#1100035300; 
c. 2009 Hummer SVT Luxury, VIN: 5GRGN02279H100429; 
d. 2008 Hummer Utility Passenger Vehicle, VIN: 
 
4 No interest or lender processing fees have been included in this amount. 
Case No. 1:23-cr-00074-NYW     Document 17     filed 07/21/23     USDC Colorado     pg 3
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5GRGN23828H101341; and 
e. $945,572.89 seized from Canvas Credit Union Checking Account # 
626207.   
See (ECF Doc. # 15, ¶¶ 27-37);  see also United States v. 11125 
Quintero Court, Commerce City, Colorado 80022 et al., civil case no. 
22-cv-01351-RM-SP (ECF Doc. #1).  
 
9. 
A Preliminary Order of Forfeiture is necessary in order for the United States 
to seize the property subject to forfeiture.  In addition, 21 U.S.C. § 853(n) requires that 
third parties who may have an interest in the property receive notice, via publication, or 
to the extent practical, direct written notice, of the forfeiture and the United States’ intent 
to dispose of the property. The United States cannot accomplish the seizure, notice, and 
publication without a Preliminary Order of Forfeiture.  
10. 
Accordingly, the defendant’s interest in the following assets are subject to 
forfeiture to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 
2461(c): 
a. 11125 Quintero Court, Commerce City, Colorado, 80022; 
b. $17,348.46 seized from Sunflower Bank Checking Account 
#1100035300; 
c. 2009 Hummer SVT Luxury, VIN: 5GRGN02279H100429; 
d. 2008 Hummer Utility Passenger Vehicle, VIN: 
5GRGN23828H101341; 
e. $945,572.89 seized from Canvas Credit Union Checking Account # 
626207; and 
f. a money judgment in the amount of $3,337,476.94, which will be credited 
with any net proceeds obtained from judicially forfeited assets. 
 
III. 
Conclusion 
The above-listed assets are subject to criminal forfeiture. To the extend third 
parties may wish to assert an interest in the above-listed assets, pursuant to 21 U.S.C. § 
853(n), the United States will send notice, via publication and direct written notice, of the 
forfeiture and their right to file a petition.  The United States cannot accomplish such 
notice and publication without a Preliminary Order of Forfeiture. 
Case No. 1:23-cr-00074-NYW     Document 17     filed 07/21/23     USDC Colorado     pg 4
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WHEREFORE, the United States moves this Court to enter the Preliminary Order 
of Forfeiture for Specific Assets and a Personal Money Judgment tendered herewith, for 
the reasons set forth above. 
DATED this 21th day of July 2023.  
 
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
COLE FINEGAN 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
By: 
s/ Laura B. Hurd                        
 
Laura B. Hurd 
 
 
 
 
 
 
 
Assistant U.S. Attorney 
 
 
 
 
 
 
 
U.S. Attorney’s Office 
1801 California Street, Suite 1600 
 
 
 
 
 
 
 
Denver, Colorado 80202 
 
 
 
 
 
 
 
Telephone: (303) 454-0100 
 
 
 
 
 
 
 
E-mail: laura.hurd@usdoj.gov 
 
 
 
 
 
 
 
Attorney for the United States 
Case No. 1:23-cr-00074-NYW     Document 17     filed 07/21/23     USDC Colorado     pg 5
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CERTIFICATE OF SERVICE 
 
 
I hereby certify that on this 20th day of July 2023, I electronically filed the foregoing 
with the Clerk of Court using the ECF system, which will send notice to all counsel of 
record. 
 
 
 
 
 
 
 
 
s/Jody Gladura 
FSA Federal Paralegal 
 
 
 
 
 
 
 
Office of the U.S. Attorney 
 
 
 
Case No. 1:23-cr-00074-NYW     Document 17     filed 07/21/23     USDC Colorado     pg 6
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