Forfeiture Money Judgment and Preliminary Order of Forfeiture — United States v. Aleta Necole Thomas

Summary

A Forfeiture Money Judgment and Preliminary Order of Forfeiture entered January 4, 2022 as Document 89 in United States v. Aleta Necole Thomas, No. 4:21-cr-00239-GKF, in the U.S. District Court for the Northern District of Oklahoma. The order grants the government's motion (Dkt. 84), citing the defendant's guilty plea, plea agreement and the record. Under 18 U.S.C. § 982(a)(2) it enters a $118,678.39 forfeiture money judgment, which the order describes as proceeds of the false statement to a financial institution offenses. It preliminarily forfeits funds seized from three Tulsa Federal Credit Union accounts: $170,744.05, $20,100.52 and $19,146.54. It directs publication of notice under 21 U.S.C. § 853(n) and Rule 32.2 and allows third parties thirty (30) days to petition for a hearing on any claimed interest.

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Case 4:21-cr-00239-GKF         Document 89 Filed in USDC ND/OK on 01/04/22                Page 1 of 2




                      IN THE UNITED STATES DISTRICT COURT
                    FOR THE NORTHERN DISTRICT OF OKLAHOMA


  UNITED STATES OF AMERICA,                         )
                                                    )
                         Plaintiff,                 )
                                                    )
  v.                                                ) Case No. 21-CR-239-GKF
                                                    )
  ALETA NECOLE THOMAS,                              )
                                                    )
                         Defendant.                 )


                          FORFEITURE MONEY JUDGMENT
                      AND PRELIMINARY ORDER OF FORFEITURE

        Now before the Court is the motion of the United States for a forfeiture money judgment

 and preliminary order of forfeiture (Dkt. 84). Based upon defendant Aleta Necole Thomas’s guilty

 plea, plea agreement, and the record, the Court finds that the motion should be granted.

        Pursuant to 18 U.S.C. § 982(a)(2), a $118,678.39 forfeiture money judgment shall be

 entered, representing proceeds defendant obtained as a result of the false statement to a financial

 institution offenses, and shall be made part of defendant’s sentence and included in the judgment.

        Pursuant to 18 U.S.C. § 982(a)(2), a preliminary order of forfeiture shall be entered

 whereby the following property is preliminarily forfeited to the United States and the forfeiture of

 such property shall be made part of defendant’s sentence and included in the judgment:

        ACCOUNTS

        1.      $170,744.05 in funds, seized from Tulsa Federal Credit Union account number
                xxx5999;

        2.      $20,100.52 in funds, seized from Tulsa Federal Credit Union account number
                xxx6774; and

        3.      $19,146.54 in funds seized from Tulsa Federal Credit Union account number
                xx7049.
Case 4:21-cr-00239-GKF          Document 89 Filed in USDC ND/OK on 01/04/22                  Page 2 of 2




         The United States shall publish notice of this Order and its intent to dispose of the property

 pursuant to 21 U.S.C. § 853(n) and Fed. R. Crim. P. 32.2(b)(6). The United States shall also give

 notice to any person who reasonably appears to be a potential claimant with standing to contest

 the forfeiture in the ancillary proceedings.

         Upon the entry of this Order, the United States is authorized to seize or retain custody of

 the property in accordance with Fed. R. Crim. P. 32.2(b)(3).

         Any person, other than defendant, asserting a legal interest in the property may, within

 thirty (30) days of the final publication of notice or the receipt of notice, whichever is earlier,

 petition the Court for a hearing to adjudicate the validity of the alleged interest.

         Following the Court’s disposition of any timely petition filed, a final order of forfeiture

 shall be entered. If a third-party petition to the property is not timely filed, the preliminary order

 of forfeiture will become the final order of forfeiture as provided by Fed. R. Crim. P. 32.2(c)(2),

 and all right, title, and interest will vest in the United States for disposition according to law.

         IT IS THEREFORE ORDERED that, pursuant to 18 U.S.C. § 982(a)(2), the motion of

 the United States for a forfeiture money judgment and preliminary order of forfeiture (Dkt. 84) is

 granted, and a forfeiture money judgment in the amount of $118,678.39 is hereby entered against

 defendant Aleta Necole Thomas.

         IT IS FURTHER ORDERED that, pursuant to 18 U.S.C. § 982(a)(2), the referenced

 property is preliminarily forfeited to the United States.

         IT IS FURTHER ORDERED that the United States shall initiate proceedings necessary

 to protect third-party interests, if any, pursuant to and in accordance with Rule 32.2.

         DATED this 4th day of January, 2022.




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