Preliminary Order of Forfeiture as to Siu Chan — United States v. Chan (Dkt. 40, D.S.C.)

Summary

A preliminary order of forfeiture as to Siu Chan by United States District Judge Richard M. Gergel in United States v. Siu Chan, Criminal No. 2:24-cr-00507-RMG-2, in the U.S. District Court for the District of South Carolina, Charleston Division, filed December 30, 2024 as Entry Number 40. It recites that an Information filed July 2, 2024 charged Chan with conspiracy to commit wire fraud under 18 U.S.C. § 371 and 18 U.S.C. §1343, with a forfeiture allegation of a minimum of $3,251,086.00, and that Chan signed a plea agreement on June 28, 2024 and pleaded guilty on August 12, 2024. The order forfeits the listed property and provides for substitute assets up to the value of the proceeds.

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2:24-cr-00507-RMG           Date Filed 12/30/24           Entry Number 40        Page 1 of 3




                         IN THE UNITED STATES DISTRICT COURT
                             DISTRICT OF SOUTH CAROLINA
                                 CHARLESTON DIVISION

UNITED STATES OF AMERICA                      )   CRIMINAL NO.: 2:24-cr-00507-RMG-2
                                              )
                 v.                           )
                                              )
SIU CHAN                                      )


                         PRELIMINARY ORDER OF FORFEITURE
                                  AS TO SIU CHAN

       This matter is before the court on the motion of the United States for a Preliminary Order

of Forfeiture as to Defendant Siu Chan, (“Chan”, “Defendant”), based upon the following:

           1.   On July 2, 2024, an Information (“Information”) was filed charging Siu Chan with

conspiracy to commit wire faud, in violation of 18 U.S.C. § 371 and 18 U.S.C. §1343.

       2.       Pursuant to Fed. R. Crim. P. 32.2(a), the Information contained a forfeiture

allegation providing that, upon Chan’s conviction, certain properties enumerated therein, or

equivalent substitute assets, would be subject to forfeiture to the United States. As specified

therein, such assets include, but are not limited to, the following:

                Forfeiture Judgment/Proceeds: 1

                A sum of money equal to all proceeds the Defendants obtained directly or
                indirectly as the result of the offense charged in this Information, that is, a
                minimum of $3,251,086.00 and all interest and proceeds traceable thereto,
                and/or such sum that equals all property traceable to their violation of 18
                U.S.C. § 371.

       3.       On June 28, 2024, Chan signed a plea agreement, agreeing to forfeiture, and on

August 12, 2024 entered a plea of guilty as to the Information.



       1
          The government is pursuing a forfeiture judgment against the defendant. The amount of
the forfeiture judgment will be determined at sentencing.
                                           Order, p. 1 of 3

    2:24-cr-00507-RMG            Date Filed 12/30/24           Entry Number 40       Page 2 of 3




          4.     Based upon Defendant’s conviction, the court has determined that the government

has established the requisite nexus between the amount of proceeds and the offenses for which Siu

Chan has been convicted; therefore, the United States is entitled to a preliminary order of

forfeiture, subject to the provisions of 21 U.S.C. § 853 governing third party rights. The court has

determined that the property described above is subject to forfeiture, pursuant to 18 U.S.C.

§ 981(a)(1)(C) and 28 U.S.C. § 2461(c).

          Therefore, it is ORDERED that all property, real or personal, which constitutes or is

derived from proceeds traceable to the Defendant’s violation of 18 U.S.C. § 371 are subject to

forfeiture.

          5.     The Court further finds that one or more of the conditions set forth in Title 21,

United States Code, Section 853(p), exists.

          6.     It is, therefore, ORDERED that the United States is entitled to forfeit substitute

assets equal to the value of the proceeds obtained by Defendant Siu Chan as a result of her violation

of 18 U.S.C. § 371 and that such substitute assets shall not exceed the value of the proceeds

Defendant Siu Chan obtained.

      Accordingly, it is hereby ORDERED,

          1.     The below-described property, and all right, title, and interest of the Defendant, Siu

Chan, in and to such property, is hereby forfeited to the United States of America, for disposition

in accordance with law, subject to the rights of third parties in such property under 21 U.S.C. §

853(n).

          2.     FORFEITURE IS ENTERED against Siu Chan and in favor of the United States

for an undetermined amount. The United States may at any time move pursuant to Rule 32.2(e) to

amend this Order of Forfeiture to substitute property to satisfy the forfeiture judgment.

                                            Order, p. 2 of 3

    2:24-cr-00507-RMG            Date Filed 12/30/24           Entry Number 40        Page 3 of 3




        3.       The United States may sell or otherwise dispose of any substitute assets in

accordance with law as required to satisfy the above imposed judgment.

        4.       Upon entry of this Order, the Government is further authorized to conduct

discovery to identify, locate, or other substitute assets, in accordance with Fed. R. Crim. P.

32.2(b)(3); and to commence proceedings that comply with statutes governing third party rights,

if applicable.

        5.       The government is not required to publish notice regarding the judgment against

Defendant; however, the Order shall be recorded in the records of the County Clerk’s Office in the

County of the debtor’s residence, place of business, and any and all other counties in which the

debtor has either real or personal property, as a lien thereon.

        6.       Upon entry of the criminal judgment, this Order becomes final as to Defendant, and

shall be made a part of the sentence and included in the criminal judgment.

        7.       The court shall retain jurisdiction to enforce this Order and to amend it as necessary,

pursuant to Fed. R. Crim. P. 32.2(e).

        8.       The Clerk, United States District Court, shall provide one (1) certified copy of this

Order to the United States Attorney’s Office.



        AND IT IS SO ORDERED.

                                                s/ Richard Mark Gergel
                                                RICHARD M. GERGEL
                                                UNITED STATES DISTRICT JUDGE


December 30, 2024
Charleston, South Carolina



                                            Order, p. 3 of 3

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