PROPOSED ORDER Preliminary Order of Forfeiture by United States… — United States of America v. Sutton et al (Dkt. 344)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 344 · 2025-07-25 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
UNITED STATES OF AMERICA 
 
v. 
 
CRIMINAL NO. 2:24-cr-00192-1 
 
KISHA SUTTON 
PRELIMINARY ORDER OF FORFEITURE 
WHEREAS, the defendant, KISHA SUTTON, appeared before this Court on July 15, 
2025, with the assistance of counsel, and received a guilty verdict at trial to Count One of the 
Indictment, charging her with a violation of 18 U.S. Code § 1344 and 1349 (aiding and abetting 
bank fraud). The defendant, KISHA SUTTON, also received a guilty verdict to Count Two of the 
Second Superseding Indictment in this matter, which charged her with a violation of 18 U.S.C. § 
1956(a)(1)(B)(i) and 2 (aiding and abetting laundering of monetary instruments); 
WHEREAS, the Second Superseding Indictment also included a forfeiture allegation 
against KISHA SUTTON seeking a forfeiture money judgment in the amount of $3,000.00 in 
United States currency, more or less, to the United States pursuant to 18 U.S.C. §§ 982(a)(1) and 
982(a)(2), 28 U.S.C. § 2461(c) and Rule 32.2(a) of the Federal Rules of Criminal Procedure;  
ACCORDINGLY, based on the foregoing, the Court hereby ORDERS that any and all 
interest of the defendant, KISHA SUTTON, in the property listed above be and the same hereby 
is FORFEITED to the United States pursuant to 18 U.S.C. §§ 982(a)(1) and 982(a)(2), 28 U.S.C. 
§ 2461(c) and Rule 32.2(a) of the Federal Rules of Criminal Procedure. 
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.” 
Case 2:24-cr-00192     Document 344     Filed 07/25/25     Page 1 of 3 PageID #: 2291

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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. §§ 982(a)(1), 982(a)(2), 28 U.S.C. § 2461(c), and Rule 32.2 of the Rules of Criminal 
Procedure. 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. 
As to any specific assets, following the Court’s disposition of all timely petitions, a final 
order of forfeiture shall be entered.   
Case 2:24-cr-00192     Document 344     Filed 07/25/25     Page 2 of 3 PageID #: 2292

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The Clerk is directed to send certified copies of this Order to counsel of record, to Special 
Agent Greg Lipari, Federal Bureau of Investigation, 113 Virginia Street, East, Charleston, West 
Virginia 25301 and to the United States Marshals Service, ATTN: Asset Forfeiture/Jaime 
Cochran, 85 Marconi Blvd., Room 460, Columbus, Ohio 43215. 
 
IT IS SO ORDERED this ____ day of ____________, 2025. 
 
 
 
 
 
 
ENTER: 
 
 
_________________________________ 
IRENE C. BERGER 
United States District 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 2:24-cr-00192     Document 344     Filed 07/25/25     Page 3 of 3 PageID #: 2293

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