PROPOSED ORDER PRELIMINARY ORDER OF FORFEITURE by United States of… — United States of America v. Breckenridge (Dkt. 34)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 34 · 2022-08-05 · 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.  2:22-cr-00084 
 
MALIK BRECKENRIDGE 
 
PRELIMINARY ORDER OF FORFEITURE 
WHEREAS, the defendant, MALIK BRECKENRIDGE, appeared before this Court on 
July 28, 2022, with the assistance of counsel, and pled guilty to Count One of a Two-Count 
Indictment in this matter, which charged him with a violation of 18 U.S.C. § 1343 (Wire Fraud); 
WHEREAS, the Indictment also included a forfeiture allegation against MALIK 
BRECKENRIDGE seeking forfeiture to the United States pursuant to 18 U.S.C. §§ 981 and 982, 
28 U.S.C. § 2461(c), and Rule 32.2(a) of the Federal Rules of Criminal Procedure of the 
following: 
1. A forfeiture money judgment in the amount of $41,666.00 in United States currency, 
more or less, such amount constituting the proceeds of the violations set forth in the 
Indictment.   
WHEREAS, the defendant has consented to forfeit all of his right, title, and interest in the 
forfeiture money judgment in the amount of $41,666.00 in United States currency, more or less 
described above which constituted, or was derived from, any proceeds of, or facilitated the 
commission of, a violation of 18 U.S.C. § 1343 as set forth in the Indictment; 
Case 2:22-cr-00084     Document 34     Filed 08/05/22     Page 1 of 3 PageID #: 91

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ACCORDINGLY, based on the foregoing, the Court hereby ORDERS that any and all 
interest of the defendant, MALIK BRECKENRIDGE, in the property listed above be and the 
same hereby is FORFEITED to the United States pursuant to 18 U.S.C. §§ 981 and 982, 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.” 
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 and 28 U.S.C. § 2461(c). 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 
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that claim. If defendant has not previously submitted such a claim, defendant hereby waives all 
right to do so. 
This order shall become the final order of forfeiture upon judgment of the defendant, as 
provided by Fed. R. Crim. P. 32.2(c)(2), and the United States shall have clear title to the property, 
and shall dispose of the property according to law. 
The Clerk is directed to send certified copies of this Order to counsel of record and to 
Sergeant Brad S. Burner, West Virginia State Police, Bureau of Criminal Investigations, Post 
Office Box 1296, Bluefield, West Virginia 24701. 
 
IT IS SO ORDERED this ____ day of ____________, 2022. 
 
 
 
 
 
 
ENTER: 
 
 
_________________________________ 
IRENE C. BERGER 
United States District Judge 
 
 
ORDER PREPARED BY: 
 
/s/_Andrew D. Isabell___________ 
ANDREW D. ISABELL 
Assistant United States Attorney 
WV State Bar No. 13210 
110 North Heber Street, Room 261 
Beckley, WV 25801 
Telephone: 304-253-6722 
Fax: 304-253-9206 
Email: andy.isabell@usdoj.gov 
 
 
Case 2:22-cr-00084     Document 34     Filed 08/05/22     Page 3 of 3 PageID #: 93

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