Preliminary Order of Forfeiture — United States v. Casutt (Dkt. 156, D. Nev.)

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A preliminary order of forfeiture by United States District Judge Andrew P. Gordon in United States v. Brandon Casutt, 2:20-CR-231-APG-NJK, in the U.S. District Court for the District of Nevada, filed October 14, 2022 as Document 156. It finds that Casutt pled guilty to Count One, wire fraud under 18 U.S.C. § 1343, and Count Six, concealment money laundering under 18 U.S.C. § 1956(a)(1)(B)(i), of an eight-count indictment. It forfeits sums including $8,076.60, $10,794.58, $59,965 and $11,600.43 and a residence in Henderson, Nevada, and enters money judgments of $509,675 for wire fraud and $359,900 for money laundering, with the total collected not to exceed $509,675.

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Case 2:20-cr-00231-APG-NJK Document 156 Filed 10/14/22 Page 1 of 4



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                               UNITED STATES DISTRICT COURT
 6                                  DISTRICT OF NEVADA

 7 UNITED STATES OF AMERICA,                       2:20-CR-231-APG-NJK

 8                Plaintiff,                       Preliminary Order of Forfeiture

 9         v.

10 BRANDON CASUTT,

11                Defendant.

12         This Court finds Brandon Casutt pled guilty to Counts One and Six of an Eight-
13 Count Criminal Indictment charging him in Count One with wire fraud in violation of 18

14 U.S.C. § 1343 and in Count Six with concealment money laundering in violation of 18

15 U.S.C. § 1956(a)(1)(B)(i). Criminal Indictment, ECF No. 12; Change of Plea, ECF No.

16 151; Plea Agreement, ECF No. 154.

17         This Court finds Brandon Casutt agreed to the forfeiture of the property and the
18 imposition of the in personam criminal forfeiture money judgments set forth in the Plea

19 Agreement and the Forfeiture Allegations of the Criminal Indictment. Criminal Indictment,

20 ECF No. 12; Change of Plea, ECF No. 151; Plea Agreement, ECF No. 154.

21         This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (b)(2), the United
22 States of America has shown the requisite nexus between property set forth in the Plea

23 Agreement and the Forfeiture Allegations of the Criminal Indictment and the offenses to

24 which Brandon Casutt pled guilty.

25         The following property and money judgments are (1) any property, real or personal,
26 which constitutes or is derived from proceeds traceable to a violation of 18 U.S.C. § 1343, a

27 specified unlawful activity as defined in 18 U.S.C. §§ 1956(c)(7)(A) and 1961(1)(B), or a

28 conspiracy to commit such offense, (2) any property, real or personal, involved in a

           Case 2:20-cr-00231-APG-NJK Document 156 Filed 10/14/22 Page 2 of 4



 1   transaction or attempted transaction in violation of 18 U.S.C. § 1956(a)(1)(B)(i), or any

 2   property traceable to such property, (3) any property, real or personal, which constitutes or

 3   is derived from proceeds traceable to a violation of 18 U.S.C. § 1956(a)(1)(B)(i), a specified

 4   unlawful activity as defined in 18 U.S.C. §§ 1956(c)(7)(A) and 1961(1)(B), or a conspiracy to

 5   commit such offense, and (4) any property, real or personal, involved in a violation of 18

 6   U.S.C. § 1956(a)(1)(B)(i), or any property traceable to such property, and are subject to

 7   forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A) with 28 U.S.C. § 2461(c), 18 U.S.C. §

 8   981(a)(1)(C) with 28 U.S.C. § 2461(c), and 18 U.S.C. § 982(a)(1):

 9              1. $8,076.60;

10              2. $10,794.58;

11              3. $59,965;

12              4. $11,600.43; and

13              5. 1924 Coralino Drive, Henderson, Nevada 89074, more particularly

14                 described as:

15      PARCEL I:

16      LOT TWO (2) IN BLOCK TWO (2) OF SILVER MILL – PHASE 1, AS SHOWN
        BY MAP THEREOF ON FILE IN BOOK 47 OF PLATS, PAGE 8, IN THE
17      OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.
18      PARCEL II:
19      NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, AND
        SUCH OTHER PURPOSES AS ARE REASONABLY NECESSARY FOR THE
20      USE AND ENJOYMENT OF SAID LAND, AS THE SAME ARE SET FORTH
        IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND
21      RESTRICTIONS RECORDED NOVEMBER 25, 1987 IN BOOK 871125 OF
        OFFICIAL RECORDS AS DOCUMENT NO. 00480 AND AS THE SAME ARE
22      SUBSEQUENTLY AMENDED FROM TIME TO TIME, AND ALL
        IMPROVEMENTS AND APPURTENANCES THEREON, APN: 178-17-514-002
23

24   (all of which constitutes property)

25          and in personam criminal forfeiture money judgments of $509,675 for wire fraud and

26   $359,900 for concealment money laundering with the total collected money judgment

27   amount not to exceed $509,675 under the forfeiture statutes, and the property will be

28   applied toward the payment of the money judgments.
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           Case 2:20-cr-00231-APG-NJK Document 156 Filed 10/14/22 Page 3 of 4



 1            This Court finds that on the government’s motion, the Court may at any time enter

 2   an order of forfeiture or amend an existing order of forfeiture to include subsequently

 3   located property or substitute property pursuant to Fed. R. Crim. P. 32.2(e) and

 4   32.2(b)(2)(C).

 5            The in personam criminal forfeiture money judgments comply with Honeycutt v.

 6   United States, 137 S. Ct. 1626 (2017) and United States v. Thompson, 990 F.3d 680 (9th Cir.

 7   2021).

 8            This Court finds the United States of America is now entitled to, and should, reduce

 9   the aforementioned property to the possession of the United States of America.

10            NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND

11   DECREED that the United States of America should seize the aforementioned property.

12            IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United

13   States of America recover from Brandon Casutt in personam criminal forfeiture money

14   judgments of $509,675 for wire fraud and $359,900 for concealment money laundering with

15   the total collected money judgment amount not to exceed $509,675 under the forfeiture

16   statutes.

17            IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all possessory

18   rights, ownership rights, and all rights, titles, and interests of Brandon Casutt in the

19   aforementioned property are forfeited and are vested in the United States of America and

20   shall be safely held by the United States of America until further order of the Court.

21            IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States

22   of America shall publish for at least thirty (30) consecutive days on the official internet

23   government forfeiture website, www.forfeiture.gov, notice of this Order, which shall

24   describe the forfeited property, state the times under the applicable statute when a petition

25   contesting the forfeiture must be filed, and state the name and contact information for the

26   government attorney to be served with the petition, under Fed. R. Crim. P. 32.2(b)(6).

27            IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any individual

28   or entity who claims an interest in the forfeited property must file a petition for a hearing to
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           Case 2:20-cr-00231-APG-NJK Document 156 Filed 10/14/22 Page 4 of 4



 1   adjudicate the validity of the petitioner’s alleged interest in the property under 21 U.S.C. §

 2   853(n)(2), which petition shall be signed by the petitioner under penalty of perjury under 21

 3   U.S.C § 853(n)(3) and 28 U.S.C. § 1746, and shall set forth the nature and extent of the

 4   petitioner’s right, title, or interest in the property, the time and circumstances of the

 5   petitioner’s acquisition of the right, title, or interest in the property, any additional facts

 6   supporting the petitioner’s claim, and the relief sought.

 7          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a petition, if any,

 8   must be filed with the Clerk of the Court, 333 Las Vegas Boulevard South, Las Vegas,

 9   Nevada 89101, no later than thirty (30) days after the notice is sent or, if direct notice was

10   not sent, no later than sixty (60) days after the first day of the publication on the official

11   internet government forfeiture site, www.forfeiture.gov, whichever is earlier.

12          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a copy of the

13   petition, if any, shall be served upon the Asset Forfeiture Attorney of the United States

14   Attorney’s Office at the following address at the time of filing:

15                  Daniel D. Hollingsworth
                    Assistant United States Attorney
16                  Misty L. Dante
                    Assistant United States Attorney
17                  501 Las Vegas Boulevard South, Suite 1100
                    Las Vegas, Nevada 89101.
18

19          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the notice

20   described herein need not be published in the event a Declaration of Forfeiture is issued by

21   the appropriate agency following publication of notice of seizure and intent to

22   administratively forfeit the above-described property.

23          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send

24   copies of this Order to all counsel of record and three certified copies to the United States

25   Attorney’s Office, Attention Asset Forfeiture Unit.

26          DATED ____October 14___, 2022.

27
                                                   ANDREW P. GORDON
28                                                 UNITED STATES DISTRICT JUDGE
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