MOTION for order Motion for Preliminary Order of Forfeiture by USA as to Daisha… — USA v. Sanders et al (Dkt. 234)

Record facts

U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 234 · 2025-03-04 · Docket on CourtListener

Summary

The United States' motion for a preliminary order of forfeiture as to defendant Daisha Sanders in USA v. Sanders et al, No. 4:24-cr-00029-BP, in the U.S. District Court for the Western District of Missouri, filed March 4, 2025 as Doc. 234. The motion states that the defendant was charged on February 6, 2024 in a 13-count Indictment, including conspiracy to commit wire fraud under Section 1349, and that under a plea agreement of November 21, 2024 she agreed to plead guilty to Count One. It states she consented to a money judgment of at least $40,832.50, and that the government has not identified specific or substitute assets. The motion asks for a personal money judgment in that amount under Rule 32.2(b)(2)(C), with the final amount set at sentencing, and for leave to conduct discovery to locate forfeitable property. It is signed by Assistant United States Attorney Paul S. Becker.

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Full text

IN THE UNITED STATES DISTRICT COURT FOR THE  
WESTERN DISTRICT OF MISSOURI  
WESTERN DIVISION 
 
UNITED STATES OF AMERICA, 
 
                                            Plaintiff, 
 
                     v. 
 
DAISHA SANDERS, 
 
                                             Defendant. 
 
 
 
 
Case No.  24-00029-01-CR-W-BP 
 
MOTION OF THE UNITED STATES FOR A PRELIMINARY ORDER 
OF FORFEITURE, WITH SUPPORTING SUGGESTIONS  
The United States of America respectfully moves this Court for a Preliminary Order of 
Forfeiture as to the defendant, Daisha Sanders, for the reasons set forth in the following supporting 
suggestions.  A proposed order is submitted with this motion. 
SUPPORTING SUGGESTIONS 
1. 
On February 6, 2024, the defendant, Daisha Sanders, was charged in a 13-count 
Indictment. (D.E. 1.) Relevant to this motion, the defendant was charged with conspiracy to 
commit wire fraud, in violation of Title 18, United States Code, Section 1349 (Count One); and 
wire fraud, in violation of Title 18, United States Code, Section 1343 (Counts Two through 
Twelve). Id. 
2. 
The Forfeiture Allegation of the Indictment sought forfeiture of all property, real 
and personal, constituting or derived from proceeds traceable to the offenses alleged in Counts 
One through Twelve of the Indictment, including but not limited to a personal money judgment 
against the defendant. Id.     
3. 
On November 21, 2024, the defendant entered into a plea agreement with the 
United States pursuant to which she agreed to plead guilty to Count One of the Indictment. The 
Case 4:24-cr-00029-BP     Document 234     Filed 03/04/25     Page 1 of 4

defendant further consented to the entry of a money judgment in the amount of at least $40,832.50, 
representing proceeds she personally obtained in connection with the scheme alleged in Count 
One. (D.E. 189.)  
4. 
The Court’s jurisdiction in this matter is founded upon Title 18, United States Code, 
Section 981(a)(1)(C), which provides that the following property is subject to forfeiture:   
Any property, real or personal, which constitutes or is derived from proceeds 
traceable to a violation of . . . . of this title, or any offense constituting “specified 
unlawful activity” (as defined in section 1956(c)(7) of this title), or a conspiracy to 
commit such offense. 
 
The Court’s jurisdiction in further founded upon 28 U.S.C. § 2461(c), which provides that: 
If a person is charged in a criminal case with a violation of Act of Congress for 
which the civil or criminal forfeiture of property is authorized, the Government may 
include notice of the forfeiture in the indictment or information pursuant to the 
Federal Rules of Criminal Procedure.  If the defendant is convicted of the offense 
giving rise to the forfeiture, the court shall order the forfeiture of the property as 
part of the sentence in the criminal case pursuant to the Federal Rules of Criminal 
Procedure and section 3554 of Title 18 United States Code.  The procedures in 
section 413 of the Controlled Substance Act (21 U.S.C. § 853) apply to all stages 
of a criminal forfeiture proceedings, except that subsection (d) of such section 
applies only in cases in which the defendant is convicted of a violation of such Act. 
5. 
The United States has not, as of this date, identified specific assets that were derived 
from the offenses for which the defendant has been convicted.  Nor has the United States identified 
any property of the defendant that could be forfeited as a substitute asset in accordance with Title 
21, United States Code, Section 853(p). 
6. 
Accordingly, the United States seeks the entry of an Order of Forfeiture consisting 
of a personal money judgment against the defendant pursuant to Rule 32.2(b)(2)(C) in the amount 
of at least $40,832.50, to be ultimately determined by the Court at sentencing.  
 
 
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7. 
The United States requests that the Court orally announce the final calculated 
amount of the money judgment at the time of sentencing and that the Court include the final 
calculated amount of the money judgment in its Judgment and Commitment Order.  See Fed. R. 
Crim. P. 32.2(b)(4)(B).   
8. 
The entry of an Order of Forfeiture in the form of a personal money judgment is 
specifically authorized by Rule 32.2(b)(1) and (c)(1) of the Federal Rules of Criminal 
Procedure.  Forfeiture money judgments are authorized by Title 21, United States Code, 
Section 853(o) and (p).  See United States v. Johnson, 956 F.3d 510, 518 n.5 (8th Cir. 2020) 
(affirming money judgment based on proceeds of offense).  Once the Order of Forfeiture is 
entered, the Government may move at any time, pursuant to Rule 32.2(e)(1)(B), to amend the 
Order to forfeit specific property of the defendant, having a value up to the amount of the money 
judgment, as substitute assets. 
9. 
In accordance with the provisions of Title 21, United States Code, Section 853(p) 
and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the United States requests that it 
be permitted to undertake whatever discovery is necessary to identify, locate, or dispose of 
property subject to forfeiture, or substitute assets for such property. 
WHEREFORE, the United States respectfully requests that this Court enter an order 
directing a money judgment against the defendant, Daisha Sanders, individually, in the amount of 
at least $40,832.50, representing proceeds she personally obtained in connection with the scheme 
alleged in Count One of the Indictment. 
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
JEFFREY P. RAY 
 
 
 
 
 
 
Acting United States Attorney 
 
Case 4:24-cr-00029-BP     Document 234     Filed 03/04/25     Page 3 of 4

 
 
 
 
 
By 
 
 
 
 
 
 
 
 
/s/ Paul S. Becker 
 
 
Paul S. Becker 
Assistant United States Attorney 
 
 
 
 
 
 
400 E. 9th Street, Fifth Floor 
 
 
 
 
 
 
Kansas City, Missouri 64106 
 
 
 
 
 
 
Telephone: (816) 426-3122 
 
 
CERTIFICATE OF SERVICE 
 
 
I hereby certify that on March 4, 2025, the foregoing motion was electronically filed with 
the Clerk of the Court using the CM/ECF system, for electronic delivery to all counsel of record. 
 
 
 
 
 
 
 
 
 
/s/ Paul S. Becker 
 
 
 
  
 
 
 
 
Paul S. Becker 
 
 
 
 
 
 
Assistant United States Attorney 
 
Case 4:24-cr-00029-BP     Document 234     Filed 03/04/25     Page 4 of 4

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