Consent Preliminary Order of Forfeiture — United States v. Monica Faye Barnes

Record facts

U.S. District Court, Eastern District of North Carolina · No. 5:23-cr-00094-D · Doc. 25 · 2023-04-28 · Docket on CourtListener

Summary

A Consent Preliminary Order of Forfeiture in United States v. Monica Faye Barnes, No. 5:23-cr-00094-D, in the U.S. District Court for the Eastern District of North Carolina, filed April 28, 2023 as Doc. 25. The order recites that the defendant pleaded guilty under a written plea agreement to the sole charge of a criminal information under 18 U.S.C. § 1349 and consents to forfeiture. It orders a forfeiture money judgment of $94,791.00, described as gross proceeds personally obtained, under Fed. R. Crim. P. 32.2(b)(2) and 18 U.S.C. § 981(a)(l)(C), and permits substitute assets under 21 U.S.C. § 853(p). It authorizes discovery to locate property and makes the order final as to the defendant upon entry. The four-page order is signed by the United States District Judge and submitted by the United States Attorney's office.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 
WESTERN DIVISION 
UNITED STATES OF AMERICA 
v. 
MONICA FAYE BARNES 
CONSENT PRELIMINARY 
ORDER OF FORFEITURE 
WHEREAS, the above-named defendant has pleaded guilty pursuant to a 
written plea agreement to the Sole Charge of a Criminal Information, charging the 
defendant with offenses in violation of 18 U.S.C. § 1349; 
AND WHEREAS, the defendant consents to the terms of this Order and to the 
forfeiture of the property that is the subject of this Order of Forfeiture; and stipulates 
and agrees that he/she personally obtained at least $94,791.00 in proceeds from the 
offense, and further agrees that he/she made the proceeds unavailable as a result of 
his/her acts or omissions and one or more of the conditions to forfeit substitute assets 
exists, as set forth in 21 U.S.C. § 853(p); 
AND WHEREAS, the defendant stipulates and agrees that the defendant 
individually, or in combination with one or more co-defendants, has or had an 
ownership, beneficial, possessory, or other legal interest in and/or exercised dominion 
and control over each item of property that is subject to forfeiture herein; 
AND WHEREAS, the defendant knowingly and expressly agrees to waive the 
requirements of Federal Rules of Criminal Procedure ll(b)(l)(J), 32.2(a), 32.2(6)(1), 
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32.2(6)(4), and 43(a), including waiver of any defect respecting notice of the forfeiture 
in the charging instrument or the plea colloquy; waiver of the right to a hearing to 
present additional evidence respecting the forfeitability of any specific property or the 
amount of any forfeiture money judgment; waiver of the right to be present during 
any judicial proceeding respecting the forfeiture of the property that is the subject of 
this Order of Forfeiture or to receive further notice of the same; waiver of any defect 
respecting the announcement of the forfeiture at sentencing; and waiver of any defect 
respecting the inclusion of the forfeiture in the Court's judgment; 
AND WHEREAS, the defendant knowingly and expressly agrees that the 
provisions of this Consent Preliminary Order of Forfeiture are intended to, and shall, 
survive the defendant's death, notwithstanding the abatement of any underlying 
criminal conviction after the entry of this Order; and that the forfeitability of any 
particular property identified herein shall be determined as if defendant had 
survived, and that determination shall be binding upon defendant's heirs, successors 
and assigns until the agreed forfeiture, including any agreed money judgment 
amount, is collected in full; 
NOW, THEREFORE, based upon the Plea Agreement, the stipulations of the 
parties, and all of the evidence of record in this case, the Court FINDS as fact and 
CONCLUDES as a matter oflaw that there is a nexus between each item of property 
listed below and the offense(s) to which the defendant has pleaded guilty, and that 
the defendant (or any combination of defendants in this case) has or had an interest 
in the property to be forfeited, 
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 
1. 
The following property is forfeited to the United States pursuant to Fed. 
R. Crim. P. 32.2(b)(2) and 18 U.S.C. § 981(a)(l)(C): 
Forfeiture Money Judgment: 
a) A sum of money in the amount of $94,791.00, representing the gross 
proceeds personally obtained by the defendant as a result of the 
offense(s) for which he/she has been convicted; and an amount for 
which the defendant shall be solely liable and in satisfaction of which 
the United States may forfeit substitute assets pursuant to 21 U.S.C. 
§ 853(p) 
2. 
Pursuant to Fed. R. Crim. P. 32.2(b)(3) and 32.2(c)(l)(B), the United 
States is authorized to conduct any discovery pursuant to the applicable Federal 
Rules of Civil Procedure needed to identify, locate, or dispose of the above-referenced 
property, or other substitute assets, including depositions, interrogatories, requests 
for production of documents and for admission, and the issuance of subpoenas. 
3. 
To the extent this Order constitutes a personal forfeiture money 
judgment against the defendant, in accordance with Fed. R. Crim. P. 32.2(b)(6)(A), 
the United States is not required to send or publish notice of the same, as there is no 
specific property to be forfeited. However, this Order may be recorded in the records 
of the Clerk of Court in any county in which the defendant resides or has either real 
or personal property as a lien thereon. Pursuant to Rule 32.2(e) of the Federal Rules 
of Criminal Procedure, the United States may move to amend this Order at any time 
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to forfeit other property in which the defendant has an interest, whether directly 
forfeitable or substitute assets, to satisfy this forfeiture money judgment in whole or 
in part; provided that the net proceeds of any forfeited assets shall be credited toward 
satisfaction of the judgment upon liquidation. 
4. 
Upon sentencing and issuance of the Judgment and Commit~ent Order, 
the Clerk of Court is DIRECTED to incorporate a reference to this Order of Forfeiture 
in the applicable section of the Judgment,- as required by Fed. R. Crim. P. 
32.2(b)(4)(B). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), with the defendant's 
consent, this Order shall be final as to the defendant upon entry. 
5. 
The Court shall retain jurisdiction to enforce this Order, and to amend 
it as necessary, pursuant to Fed. R. Cdm. P. 32.2(e). 
SO ORDERED, this the~ day of A-pr,· j 
, 2023. 
WE ASK FOR THIS: 
MICHAEL F. EASLEY, JR. 
United States Attorney 
BY:~ 
DAVID G. BERAKA 
Assistant United States Attorney 
Criminal Division 
J 
ES C. DEVER III 
UNITED STATES DISTRICT JUDGE 
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