Court filing
Preliminary Order of Forfeiture for Proceeds — United States v. Deconna Burke
Record facts
| Court | U.S. District Court, Middle District of Florida |
|---|---|
| Filed | 2023-10-03 |
U.S. District Court, Middle District of Florida · No. 3:23-cr-00068-TJC-MCR · Doc. 31 · 2023-10-03 · Docket on CourtListener
Summary
A Preliminary Order of Forfeiture for Proceeds entered October 3, 2023 in United States v. Deconna Burke, No. 3:23-cr-00068-TJC-MCR, in the U.S. District Court for the Middle District of Florida, Jacksonville Division, as Doc. 31. The order grants the United States' unopposed motion, Doc. 30, and the court finds that $20,415 represents the proceeds obtained from the wire fraud charged in Count One of the Indictment, to which the order states the defendant pled guilty. Under 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c) and Fed. R. Crim. P. 32.2(b)(2), it holds the defendant liable for forfeiture of $20,415. Because the order states the proceeds were dissipated, it allows the United States to seek substitute assets under 21 U.S.C. § 853(p) up to that value, and it becomes final at sentencing. The order is two pages.
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Full text
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
UNITED STATES OF AMERICA
v.
Case No. 3:23-cr-68-TJC-MCR
DECONNA BURKE
PRELIMINARY ORDER OF FORFEITURE FOR PROCEEDS
THIS CAUSE comes before the Court upon the United States of America's
Unopposed Motion for a Preliminary Order of Forfeiture of Proceeds for $20,415,
which represents the amount of proceeds defendant obtained as a result of the wire
fraud as charged in Count One of the Indictment.
Being fully advised of the relevant facts, the Court hereby finds that the
$20,415 represents the amount of proceeds defendant obtained as a result of the wire
fraud charged in Count One of the Indictment, to which he has pled guilty.
Accordingly, it is hereby:
ORDERED, ADJUDGED, and DECREED that for good cause shown, the
United States= unopposed motion, Doc. 30, is GRANTED.
It is FURTHER ORDERED that, pursuant to 18 U.S.C. § 981(a)(1)(C), 28
U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b)(2), the defendant shall be held liable
for a preliminary order of forfeiture for proceeds in the amount of $20,415.
It is FURTHER ORDERED that, because the $20,415 in proceeds was
dissipated by the defendant, the United States may seek, as a substitute asset,
pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c), forfeiture of
Case 3:23-cr-00068-TJC-MCR Document 31 Filed 10/03/23 Page 1 of 2 PageID 80
2
any of the defendant’s property up to the value of $20,415.
It is FURTHER ORDERED that this order it shall become final as to the
defendant at sentencing.
The Court retains jurisdiction to address any third-party claim that may be
asserted in these proceedings, to enter any further order necessary for the forfeiture
and disposition of such property, and for any substitute assets that the United States
may be entitled to seek up to the amount of the preliminary order of forfeiture of
proceeds.
DONE and ORDERED in Jacksonville, Florida, this 3rd day of
October, 2023.
Copies to:
AUSA Mai Tran
Counsel of Record
Case 3:23-cr-00068-TJC-MCR Document 31 Filed 10/03/23 Page 2 of 2 PageID 81File and source
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