Motion — Order of Forfeiture — Anubor J. Bagbi — No. 1:23-CR-00045-AKB, District of Idaho (Document 55)

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Case 1:23-cr-00045-AKB           Document 55        Filed 03/06/24      Page 1 of 3




JOSHUA D. HURWIT, IDAHO STATE BAR NO. 9527
UNITED STATES ATTORNEY
WILLIAM M. HUMPHRIES, IDAHO STATE BAR NO. 11709
DARCI W. CRANE, IDAHO STATE BAR NO. 8852
ASSISTANTS UNITED STATES ATTORNEY
DISTRICT OF IDAHO
1290 W. MYRTLE STREET, SUITE 500
BOISE, IDAHO 83702
TELEPHONE: (208) 334-1211
FACSIMILE: (208) 334-1413



                             UNITED STATES DISTRICT COURT

                               FOR THE DISTRICT OF IDAHO

 UNITED STATES OF AMERICA,
                                                   Case No. 1:23-CR-00045-AKB
                Plaintiff,
                                                   MOTION FOR FINAL ORDER OF
        vs.                                        FORFEITURE

 ANUBOR J. BAGBI

                Defendant.


       Plaintiff, United States of America, requests a final order of forfeiture, based on the

record in this case and Rule 32.2(c) of the Federal Rules of Criminal Procedure.

       The Court previously entered a Preliminary Order of Forfeiture, Final as to Defendant

and Forfeiture Money Judgment (“POF”) (ECF No. 49) of the Subject Property and found a

sufficient nexus and statutory authority, as described below.

       Subject Property:

       a) Seized Property:

           1. Approximately $11,784.41 in seized currency from Unify Federal Credit

       Union Account No. 3629020 (seized in accordance with the warrant issued




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       in Case No. 1:23-mj-00099-DKG);

           2. $139 in cash seized on December 15, 2022;

           3. Blue iPhone with black Otterbox case seized on December 15, 2022;

           4. Black Nokia phone seized on December 15, 2022;

           5. Green iPhone with white case seized on December 15, 2022.

       b) Unseized JP Morgan Chase Accounts: AMB Farms LLC account ending in 3310 and

           LG Farms USA LLC account ending in 9259.

       Money Judgment Previously Ordered

       The POF included a forfeiture money judgment for $222,051.86. That forfeiture money

judgment is final, as explained in the POF.

       Nexus and Factual Basis for Forfeiture

       The Defendant pleaded guilty to counts three and six of the Indictment, a violation of 18

U.S.C. § 1344(I) and 18 U.S.C. § 1028A. (Plea Agreement and Plea Hearing Minutes ECF Nos.

34 and 37.) Defendant admitted to possessing the Subject Property in connection with opening

fraudulent business accounts using information from stolen checks, which he then deposited into

these accounts and withdrew the proceeds. (Plea Agreement, ECF No. 34.)

       The Court sentenced the Defendant and entered Judgment. (Judgment, ECF No.52.)

       Statutory Authority

       The Court’s forfeiture authority originates from 18 U.S.C. § 981(a)(1)(C) and

28 U.S.C. § 2461(c), which provide that, when imposing sentence on any person convicted of a

violation of 18 U.S.C. § 1344, the Court, shall order the person to forfeit property, real or

personal, that constitutes or is derived, directly or indirectly, from proceeds traceable to the

commission of the offense.




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       Notice / Publication / Claims

       1. The United States caused notice of the above-referenced forfeiture order to be

published and sent in accordance with the requirements of Federal Rule of Criminal Procedure

32.2(b)(6)(A). This included publication on an official government internet site

(www.forfeiture.gov), beginning on December 5, 2023. The United States filed notice of service

by publication. (ECF No. 54.) See Criminal Rule 32.2(b)(6)(C) and Rule G(4)(a)(iv)(C) of the

Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions.

       2. If the U.S. Attorney’s Office was aware of any person reasonably appearing to be a

potential claimant, the United States took steps to send notice directly to that person. See

Criminal Rule 32.2(b)(6)(A) and Supplemental Rule G(4)(b).

       3. No claims have been filed as to the Subject Property, and the United States requests

that the property be condemned and finally forfeited, with title vested in the United States of

America and with no claim of interest in said property existing in any other person or entity.

       A proposed order is being submitted to the Court via email.

       Respectfully submitted this 6th day of March, 2024.


                                                   JOSHUA D. HURWIT
                                                   UNITED STATES ATTORNEY
                                                   By:


                                                   /s/ William M. Humphries
                                                   WILLIAM M. HUMPHRIES
                                                   Assistant United States Attorney




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