Proposed Order Order of Forfeiture — United States v. Lomax (Dkt. 17, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:25-cr-00057 · Doc. 17 · 2025-04-25 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
CRIMINAL NO. 2:25-cr-00057 
 
JAMES LOMAX 
 
ORDER OF FORFEITURE 
WHEREAS, the defendant, JAMES LOMAX, appeared before this Court, with the assistance of 
counsel on April 23, 2025, and pled guilty to the Information, which charged him with a 
violation of 18 U.S.C. § 641(theft of public money, property or records); 
Whereas, the Information also included a forfeiture allegation against the defendant 
seeking a forfeiture money judgment in the amount of $13,312.00 in United States currency, more 
or less, to the United States pursuant to 18 U.S.C. § 981, 982 or 28 U.S.C. § 2461; 
WHEREAS, the defendant has consented to forfeit all of his right, title, and interest in the 
forfeiture money judgment in the amount of $13,312.00 in United States currency, more or less 
described above which constituted, or was derived from, any proceeds of, or facilitated the 
commission of, violation of 18 U.S.C. § 641 as set forth in the Information; 
ACCORDINGLY, based on the defendant’s plea of guilty and finding that there is a nexus 
between the property listed above and the offense to which the defendant has pled guilty, and that 
the defendant had a possessory interest or other legal interest in the property, the Court hereby 
ORDERS that any and all interest of the defendant, JAMES LOMAX, in the property listed above 
Case 2:25-cr-00057     Document 17     Filed 04/25/25     Page 1 of 3 PageID #: 47

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be and the same hereby is FORFEITED to the United States pursuant to 18 U.S.C. § 981, 982 or 
28 U.S.C. § 2461;   
WHEREAS, Fed. R. Crim. P. 32.2(c)(1) provides that “no ancillary proceeding is required 
to the extent the forfeiture consists of a money judgment.” 
Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States 
Attorney’s Office is authorized to conduct any discovery needed to identify, locate, or dispose of 
the property, including depositions, interrogatories, and requests for production of documents, 
and to issue subpoenas pursuant to Fed. R. Civ. P. 45. 
 
A forfeiture money judgment shall be included in the defendant’s sentence, and the United 
States may take steps to collect the judgment from any property of the defendant, provided, the 
value of any forfeited specific assets shall be credited toward satisfaction of this money judgment 
upon liquidation.  
 
The parties stipulate and agree that the aforementioned asset(s) constitute property derived 
from or traceable to proceeds of defendant’s crime(s) herein or property used in any manner to 
facilitate the commission of such offense(s) and are therefore subject to forfeiture pursuant to 18 
U.S.C. § 981, 982 or 28 U.S.C. § 2461. The defendant hereby waives the requirements of Fed. R. 
Crim. P. 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 
against defendant. If the defendant has previously submitted a claim in response to an 
administrative forfeiture proceeding regarding any of this property, defendant hereby withdraws 
that claim. If defendant has not previously submitted such a claim, defendant hereby waives all 
right to do so. 
Case 2:25-cr-00057     Document 17     Filed 04/25/25     Page 2 of 3 PageID #: 48

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Following the Court’s disposition of judgment, this shall become the final order of 
forfeiture and the United States will file a Notice of Final Forfeiture.   
The Clerk is directed to send certified copies of this Order to counsel of record, and to 
Special Agent, Brad Burner, West Virginia State Police-BCI, South Charleston, 725 Jefferson 
Road South, Charleston, West Virginia 25309. 
 
IT IS SO ORDERED this ____ day of ____________, 2025. 
 
 
 
 
 
 
ENTER: 
 
 
_________________________________ 
IRENE C. BERGER 
United States District Court Judge 
 
ORDER PREPARED BY: 
 
/s/Justin A. Marlowe     
 
 
JUSTIN A. MARLOWE 
Assistant United States Attorney 
WV State Bar No. 9695 
300 Virginia Street, East, Room 4000 
Charleston, WV  25301 
Telephone:  304-345-2200 
Facsimile:  304-340-7851 
E-mail: justin.marlowe@usdoj.gov 
 
Case 2:25-cr-00057     Document 17     Filed 04/25/25     Page 3 of 3 PageID #: 49

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