Court filing
Preliminary Order of Forfeiture — United States v. Bowlin (Dkt. 30, S.D. W. Va.)
Filed May 3, 2023 in Tiffany Bowlin; one of 17 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2023-05-03 |
U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00205 · Doc. 30 · 2023-05-03 · Docket on CourtListener
Full text
Case 2:22-cr-00205 Document 30 _ Filed 05/03/23 Page 1 of 3 PagelD #: 101 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON UNITED STATES OF AMERICA v. CRIMINAL NO. 2:22-cr-00205 TIFFANY BOWLIN PRELIMINARY ORDER OF FORFEITURE WHEREAS, the defendant, TIFFANY BOWLIN, appeared before this Court on February 1, 2023, with the assistance of counsel, and pled guilty to a single-count Information in this matter, which charged her with violations of 18 U.S.C. § 1343 (Wire Fraud); WHEREAS, the Information also included a forfeiture allegation against TIFFANY BOWLIN seeking a forfeiture money judgment in the amount of $20,833.00 in United States currency, more or less, to the United States pursuant to 18 U.S.C. § 981, 28 U.S.C. § 2461(c) and Rule 32.2(a) of the Federal Rules of Criminal Procedure. WHEREAS, the defendant has consented to forfeit all of her right, title, and interest in the forfeiture money judgment in the amount of $20,833.00 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. § 1343 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 ft Case 2:22-cr-00205 Document 30 _ Filed 05/03/23 Page 2 of 3 PagelD #: 102 ORDERS that any and all interest of the defendant, TIFFANY BOWLIN, in the property listed above be and the same hereby is FORFEITED to the United States pursuant to 18 U.S.C. § 981, 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 Case 2:22-cr-00205 Document 30 _ Filed 05/03/23 Page 3 of 3 PagelD #: 103 that claim. If defendant has not previously submitted such a claim, defendant hereby waives all right to do so. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture. The Clerk is directed to send certified copies of this Order to counsel of record, to Brad Burner, Special Agent, West Virginia State Police-BCI, 725 Jefferson Road South, Charleston, West Virginia 25309. IT IS SO ORDERED this 3rd day of _May , 2023. ENTER: May 3, 2023 [ole To DB, JOHN T. COPENHAVER, JR. Senior 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
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