Amended Preliminary Order of Forfeiture — United States v. Baver (Dkt. 210, D. Utah)

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An Amended Preliminary Order of Forfeiture in United States of America v. Allison Marie Baver, Case No. 2:21-cr-00520-JNP, in the U.S. District Court for the District of Utah, dated July 26, 2024 and signed by District Judge Jill N. Parrish. The order grants the government's motion to amend and replaces the court's previous order (ECF No. 207). Based on the jury's verdict of guilty on Counts Six and Nine, for false statement designed to influence a bank under 18 U.S.C. § 1014 and money laundering under 18 U.S.C. § 1957, it orders forfeiture of property involved in the money laundering under 18 U.S.C. § 982(a)(1) and proceeds of the false statement. It provides for third-party petitions and states that the order becomes final as to the defendant at sentencing.

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Case 2:21-cr-00520-JNP Document 210 Filed 07/26/24 PageID.3239 Page 1 of 4




                             UNITED STATES DISTRICT COURT
                                      DISTRICT OF UTAH


UNITED STATES OF AMERICA,                           AMENDED PRELIMINARY
                                                    ORDER OF FORFEITURE
                       Plaintiff,
                                                    Case No. 2:21-cr-00520-JNP
        vs.
                                                    Judge Jill N. Parrish
ALLISON MARIE BAVER,

                       Defendant.


       Based on the government’s Motion for Amended Preliminary Order of Forfeiture, and good

cause appearing, the Court GRANTS the motion.

       This Amended Preliminary Order of Forfeiture amends and replaces the Court’s previous

order (ECF No. 207).

       Considering the jury’s verdict finding the defendant guilty of Counts Six and Nine of the

Second Superseding Indictment charging the defendant with false statement designed to influence

a bank in violation of 18 U.S.C. § 1014, and money laundering in violation of 18 U.S.C. § 1957,

respectively, the defendant must forfeit to the United States: 1) under 18 U.S.C. § 982(a)(1), any

property, real or personal, involved in the money laundering, or any property traceable to such

property; and 2) under 18 U.S.C. § 981(a)(1)(C) (applicable under 28 U.S.C. § 2461(c)), any

property constituting, or derived from, proceeds obtained directly or indirectly, as a result of the

false statement designed to influence a bank.

       Based on the evidence offered at trial, the information in the United States’ motion, the

motion to amend the preliminary order, and the jury’s verdict of guilty on Counts Six and Nine of

the Second Superseding Indictment, such property includes:

 Case 2:21-cr-00520-JNP Document 210 Filed 07/26/24 PageID.3240 Page 2 of 4




              $9,016,830.76 seized from FIB 4629;

              $465,936.99 seized from Meridian Bank account ending in 8439;

              $33,932.39 seized from Meridian Bank account ending in 2022;

              $22,018.81 seized from Meridian Bank account ending 4101; and

              All payments due and owing to Allison Baver Entertainment, LLC by Fintage
               Collection Account Management B.V. under the terms and conditions of a
               Collection Account Management Agreement entered into between ABE and
               Fintage Collection on June 6, 2020, including $153,549.52 in payments already
               made by Fintage Collection Account Management B.V. to the United States;

(“Subject Properties”).

       Pursuant to FED. R. CRIM. P. 32.2(b)(1)(A) and (b)(2)(A), the Subject Properties are subject

to forfeiture under 18 U.S.C. §§ 982(a)(1) and 981(a)(1)(C) because the United States has

established the requisite nexus between the property and the offense.

       Based on the evidence offered at trial, the information in the United States’ motion, and

jury’s verdict of guilty on Counts Six and Nine of the Second Superseding Indictment: 1) the total

value of property constituting, or derived from, proceeds obtained directly or indirectly, by the

defendant as a result of her false statement designed to influence a bank in Count Six was

$10,000,000; and 2) the total value of property, real or personal, involved in the defendant’s Money

Laundering in Count Six was $150,000.

       Accordingly, IT IS HEREBY ORDERED:

       Pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), and FED. R. CRIM. P. 32.2(b), all right,

title, and interest in the Subject Properties are preliminarily forfeited to the United States of

America.


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 Case 2:21-cr-00520-JNP Document 210 Filed 07/26/24 PageID.3241 Page 3 of 4




       Pursuant to 18 U.S.C. § 981(a)(1)(C) and FED. R. CRIM. P. 32.2(b), the court imposes

against Allison Marie Baver a forfeiture money judgment of $10,000,000. Pursuant to 18 U.S.C.

§ 982(a)(1) and FED. R. CRIM. P. 32.2(b), the Court imposes against Allison Marie Baver a

concurrent forfeiture money judgment of $150,000. Under FED. R. CRIM. P. 32.2(b)(4), these

money judgments shall become final at the time of the defendant’s sentencing. The amount of

these money judgments shall be reduced by the value the United States obtains from successfully

forfeiting any specific assets.

       Under FED. R. CRIM. P. 32.2(b)(3), the Attorney General (or designee) is authorized to seize

the Subject Properties, conduct any discovery proper in identifying, locating, or disposing of the

property subject to forfeiture, and commence an ancillary proceeding under 21 U.S.C. § 853(n) to

account for potential third-party interests.

       Prior to the Court entering a final order of forfeiture pursuant to FED. R. CRIM. P. 32.2(c)(2)

and the United States acquiring clear title to the Subject Properties under 21 U.S.C. § 853(n)(7),

the government shall comply with the below-outlined provisions regarding the potential interests

of third parties in the Subject Properties.

       Under 21 U.S.C. § 853(n)(1), the United States shall publish notice of this Order on the

government’s internet website, www.forfeiture.gov. The United States may also, to the extent

practicable, provide written notice to any person known to have an alleged interest in the Subject

Properties.

       Under 21 U.S.C. § 853(n)(2), any person, other than the defendant, asserting a legal interest

in the Subject Properties may, within thirty days of the final publication of notice or receipt of


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 Case 2:21-cr-00520-JNP Document 210 Filed 07/26/24 PageID.3242 Page 4 of 4




notice, whichever is earlier, petition the Court for a hearing without a jury to adjudicate the validity

of his or her alleged interest in the Subject Properties.

        Under 21 U.S.C. § 853(n)(3), any third-party petition shall be signed by the petitioner under

penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest

in the Subject Properties, the time and circumstances of the petitioner’s acquisition of the right,

title, or interest in the Subject Properties, any additional facts supporting the petitioner’s claims,

and the relief sought.

        Under FED. R. CRIM. P. 32.2(c)(1)(B), after the disposition of any motion filed under FED.

R. CRIM. P. 32.2(c)(1)(A), and before a hearing on the petition, discovery may be conducted in

accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is

necessary or desirable to resolve factual issues.

        Under FED. R. CRIM. P. 32.2(b)(4), this order shall become final as to the defendant at the

time of sentencing and shall be made part of the sentence and referenced in the judgment. The

Court shall retain jurisdiction to enforce this Order, and to amend it as necessary under FED. R.

CRIM. P. 32.2(e).

        SO ORDERED July 26, 2024.

                                                BY THE COURT:



                                                ___________________________
                                                Jill N. Parrish
                                                United States District Court Judge




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