Court filing
Preliminary Order of Forfeiture — United States v. Arashio Harris
Filed October 25, 2023 in U.S. v. Arashio Harris; one of 11 filings from this case.
Record facts
| Court | U.S. District Court, Southern District of Florida |
|---|---|
| Filed | 2023-10-25 |
U.S. District Court, Southern District of Florida · No. 1:23-cr-20295-CMA · Doc. 25 · 2023-10-25 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-20295-CR-ALTONAGA
UNITED STATES OF AMERICA,
Plaintiff,
v.
ARASHIO HARRIS,
Defendant.
_______________________________/
ORDER
THIS CAUSE came before the Court on the United States’ Motion for Preliminary Order
of Forfeiture [ECF No. 24]. The Court has considered the Motion, is otherwise advised in the
premises, and finds as follows:
On July 14, 2023, the United States filed an Information charging the Defendant in Count
1 with wire fraud in violation of 18 U.S.C. section 1343. (See Information [ECF No. 1]). The
Information also contains forfeiture allegations, which allege that upon conviction of a violation
of 18 U.S.C. section 1343, Defendant shall forfeit to the United States any property, real or
personal, which constitutes or is derived from proceeds traceable to such offense, pursuant to 18
U.S.C. section 981(a)(1)(C), as incorporated by 28 U.S.C. section 2461(c). (See id. at 8).
On August 9, 2023, the Court accepted Defendant’s guilty plea to Count 1 of the
Information. (See Minute Entry [ECF No. 9]; Plea Agreement [ECF No. 10]). As part of the
guilty plea, Defendant agreed to the forfeiture of all right, title, and interest to any property, real
or personal, which constitutes proceeds traceable to the offense of conviction pursuant to 18
U.S.C. section 981(a)(1)(C), as made applicable by 28 U.S.C. section 2461(c). (See [ECF No.
10] 5).
Case 1:23-cr-20295-CMA Document 25 Entered on FLSD Docket 10/25/2023 Page 1 of 3
CASE NO. 23-20295-CR-ALTONAGA
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In support of the guilty plea, Defendant executed a Factual Proffer, and the Court found
that there was a factual basis to support the Defendant’s conviction. (See Factual Proffer [ECF
No. 11]). The Factual Proffer also provided a basis for the forfeiture of property. (See id. at 5–
8). The United States Probation Office has since conducted a presentence investigation, which
included information on the Defendant’s financial condition. (See Presentence Investigation
Report [ECF No. 20]).
As set forth in the Factual Proffer [ECF No. 11], and the Presentence Investigation
Report [ECF No. 20], Defendant was the owner and president of companies The Good Family
Property Solutions Inc. and Flying Lions LLC. (See [ECF No. 11] 1; [ECF No. 20] ¶¶ 76, 77).
Defendant was the sole signatory on Good Family’s checking account at Wells Fargo Bank and a
signatory on Flying Lion’s checking account at Wells Fargo Bank. (See [ECF No. 11] 5).
Defendant, through Good Family, submitted a fraudulent application to the Small Business
Administration (SBA) seeking and obtaining an Economic Injury Disaster Loan (EIDL) and an
EIDL advance, which together totaled $23,500. (See [ECF No. 11] 5–6; [ECF No. 20] ¶ 22).
Defendant, through Good Family, submitted fraudulent applications for two Paycheck Protection
Program (PPP) loans, allowing him to fraudulently obtain a first-draw PPP loan of $129,275 in
July 2020, and a second-draw PPP loan of $129,276 in April 2021. (See [ECF No. 11] 7–8;
[ECF No. 20] ¶¶ 24–27). Defendant, using Flying Lions, fraudulently applied for and obtained
from the SBA an EIDL for $150,000. (See [ECF No. 11] 6; [ECF No. 20] ¶ 23). All loans were
disbursed to the accounts at Wells Fargo described above. (See [ECF No. 11] 6–8).
Accordingly, based on the foregoing, the evidence in the record, and for good cause
shown, the Motion is GRANTED, and it is hereby ORDERED that:
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CASE NO. 23-20295-CR-ALTONAGA
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1.
Pursuant to 18 U.S.C. section 981(a)(1)(C) and 28 U.S.C. section 2461(c) and
Rule 32.2 of the Federal Rules of Criminal Procedure, a forfeiture money judgment in the
amount of $432,051 in U.S. currency is hereby entered against Defendant.
2.
The United States is authorized to conduct any discovery that might be necessary
to identify, locate, or dispose of forfeited property, and to resolve any third-party petition,
pursuant to Rule 32.2(b)(3), (c)(1)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C.
section 853(m).
3.
Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
Order is final as to the Defendant.
4.
The Court retains jurisdiction in this matter for the purpose of enforcing this
Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend
this Order, or enter other orders as necessary, to forfeit additional specific property when
identified.
DONE AND ORDERED in Miami, Florida, this 25th day of October, 2023.
_______________________________________
CECILIA M. ALTONAGA
CHIEF UNITED STATES DISTRICT JUDGE
cc:
counsel of record
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