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MOTION for order Motion for Preliminary Order of Forfeiture by USA as… — PPP Attempt Conspiracy Legal Filings (Dkt. 234)

No. 4:24-cr-00029-BP · Doc. 234 · Docket on CourtListener

Summary

A motion by the United States for a preliminary order of forfeiture against defendant Daisha Sanders, Case No. 4:24-cr-00029-BP, in the U.S. District Court for the Western District of Missouri, filed March 4, 2025 as Document 234. The supporting suggestions state that a 13-count Indictment charged her on February 6, 2024 with conspiracy to commit wire fraud (Count One) and wire fraud, and that she agreed on November 21, 2024 to plead guilty to Count One. According to the motion, she consented to a money judgment of at least $40,832.50, and the government has identified no specific assets or substitute assets. The government asks for a personal money judgment in that amount, with the final figure announced at sentencing, and for discovery under Rule 32.2(b)(3) to locate property. A proposed order is submitted with the four-page motion.

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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. Case No. 24-00029-01-CR-W-BP

DAISHA SANDERS,

Defendant.

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.

Case 4:24-cr-00029-BP Document 234 Filed 03/04/25 Page 2 of 4
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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