Motion for a Preliminary Order of Forfeiture — No. 5:21-cr-00008 (Dkt. 75, E.D. Tex.)

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The government's unopposed motion for a preliminary order of forfeiture in United States v. Clifton Pape and Sally Jung, No. 5:21-CR-8, in the U.S. District Court for the Eastern District of Texas, Texarkana Division, filed June 30, 2022 as Document 75. It recites that both defendants pleaded guilty to Count Two of the indictment under written plea agreements and agreed to forfeiture. It seeks forfeiture of $505,535.04 seized on January 12, 2021 from a Wells Fargo Bank account in the name of Working4U Inc., and forfeiture of $175,175.27 in cash proceeds under 18 U.S.C. § 982(a)(8), as joint and several liability with a total of $175,175.27 from both defendants.

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Case 5:21-cr-00008-RWS-JBB Document 75 Filed 06/30/22 Page 1 of 5 PageID #: 247




                           IN THE UNITED STATES DISTRICT COURT
                            FOR THE EASTERN DISTRICT OF TEXAS
                                   TEXARKANA DIVISION

 UNITED STATES OF AMERICA                                §
                                                         §
 v.                                                      §      No. 5:21-CR-8
                                                         §
 CLIFTON PAPE (1)                                        §
 SALLY JUNG (2)                                          §

              MOTION FOR A PRELIMINARY ORDER OF FORFEITURE

         The government respectfully requests a preliminary order of forfeiture in this case.

 In support of its motion, the government states as follows:

         1.       On February 10, 2021, a Grand Jury sitting in the Eastern District of Texas

 returned an indictment against defendants Clifton Pape and Sally Jung, charging

 violations of 18 U.S.C. § 1343, wire fraud.

         2.       The indictment included a Notice of Intention to Seek Criminal Forfeiture

 pursuant to 18 U.S.C. § 982(a)(8) that provided notice the government intended to seek

 forfeiture of defendants’ interest in the following:

                  a.       United States Currency

                  The $505,535.04 in United States currency seized on January 12, 2021,

                  from the Wells Fargo Bank account in the name of Working4U Inc. with an

                  account number ending in 9808.




 Motion for a Preliminary Order of Forfeiture – Page 1

Case 5:21-cr-00008-RWS-JBB Document 75 Filed 06/30/22 Page 2 of 5 PageID #: 248




                  b.       Cash Proceeds

                  A sum of money equal to $175,175.27 in United States currency and all

                  interest and proceeds traceable thereto, representing the amount of proceeds

                  obtained by the defendants as a result of the offenses alleged in the

                  indictment, for which defendants are personally liable.

         3.       Defendants Clifton Pape and Sally Jung each appeared before United

 States Magistrate Judge Caroline Craven for the Eastern District of Texas on April 28,

 2022, and May 5, 2022, respectively, and pursuant to written plea agreements with the

 government both defendants pleaded guilty to Count Two of the indictment. As part of

 the defendants’ plea agreements, the defendants agreed to forfeit the above-described

 property, including but not limited to $175,175.27 in U.S. currency, and all interest and

 proceeds traceable thereto, representing the amount of proceeds obtained by defendants

 as a result of the offense alleged in Count Two of the indictment and for which

 defendants are personally liable.

         4.       By virtue of the plea agreements, the government has established the

 requisite basis for the forfeiture of cash proceeds from each defendant in the amount of

 $175,175.27 to the United States pursuant to 18 U.S.C. § 982(a)(8). The parties also

 agree that the forfeiture should be imposed as a joint and several liability, with a total

 forfeiture of $175,175.27 from both defendants. 1


 1 Joint and several liability is appropriate in this case where both defendants

 have agreed that they are personally liable for the $175,175.27 and “all the
 funds involved in the conspiracy passed through a bank account that [they
 both] controlled.” United States v. Saccoccia, 1 F.4th 64, 70 (1st Cir. 2021).
 Motion for a Preliminary Order of Forfeiture – Page 2

Case 5:21-cr-00008-RWS-JBB Document 75 Filed 06/30/22 Page 3 of 5 PageID #: 249




         5.       Upon the issuance of a preliminary order of forfeiture, the government will

 provide written notice to all third parties asserting a legal interest in any of the above-

 described currency to be forfeited, and will publish notice at www.forfeiture.gov of the

 Court’s Order and the United States’ intent to dispose of the property to be forfeited in

 such manner as the Attorney General may direct. Pursuant to 21 U.S.C. § 853 and 28

 U.S.C. § 2461, no ancillary proceeding is required to adjudicate the interests of third

 parties relative to the forfeiture of cash proceeds obtained by the defendants in the

 amount of $175,175.27.

                                                  Conclusion

         The government respectfully requests that the Court issue the proposed

 preliminary order of forfeiture and forfeit to the government defendants’ interest in the

 property described above.

                                                     Respectfully submitted,

                                                     BRIT FEATHERSTON
                                                     UNITED STATES ATTORNEY


                                                     /s/ Jonathan R. Hornok
                                                     JONATHAN R. HORNOK
                                                     Assistant United States Attorney
                                                     Utah State Bar Number 15166
                                                     500 State Line Ave N., Suite 402
                                                     Texarkana, Texas 75501
                                                     (903) 792-8453
                                                     Jonathan.Hornok@usdoj.gov




 Motion for a Preliminary Order of Forfeiture – Page 3

Case 5:21-cr-00008-RWS-JBB Document 75 Filed 06/30/22 Page 4 of 5 PageID #: 250




                                     CERTIFICATE OF SERVICE

         I certify that the foregoing instrument has been served on counsel for defendants on

 June 30, 2022, via the court’s CM/ECF system.



                                                     /s/ Jonathan R. Hornok
                                                     JONATHAN R. HORNOK




 Motion for a Preliminary Order of Forfeiture – Page 4

Case 5:21-cr-00008-RWS-JBB Document 75 Filed 06/30/22 Page 5 of 5 PageID #: 251




                                 CERTIFICATE OF CONFERENCE

         I have conferred with counsel of record for defendants regarding the merits of this

 motion. The motion is UNOPPOSED.


                                                     /s/ Jonathan R. Hornok
                                                     JONATHAN R. HORNOK




 Motion for a Preliminary Order of Forfeiture – Page 5

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