Restraining Order and Order to Deposit — United States v. Porch (Dkt. 79, M.D. Ga.)

Summary

A restraining order and order to deposit by Judge Clay D. Land in United States v. Curtis Porch, Case No. 4:21-CR-23 (CDL), in the U.S. District Court for the Middle District of Georgia, Columbus Division, filed July 12, 2022 as Document 79, on the United States' motion under Title 21, United States Code, Section 853(g). It recites Porch's guilty plea to Count Four, the conversion of approximately $364,200 in SBA loan and grant proceeds. It restrains the defendant and those acting with him from disposing of forfeitable property and orders that, to the extent a Dodge Charger has already been sold, Porch provide the bill of sale to the government and deposit the sale proceeds.

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Case 4:21-cr-00023-CDL-MSH Document 79 Filed 07/12/22 Page 1 of 5




                        IN THE UNITED STATES DISTRICT COURT
                        FOR THE MIDDLE DISTRICT OF GEORGIA
                                COLUMBUS DIVISION

                                               :
UNITED STATES OF AMERICA                       :
                                               :
      v.                                       : CASE NO. 4:21-CR-23 (CDL)
                                               :
CURTIS PORCH                                   :
                                               :
            Defendant                          :
                                               :


                    RESTRAINING ORDER AND ORDER TO DEPOSIT

           The United States, as authorized by Title 21, United States Code, Section 853(g),

  has moved the Court for a restraining order to preserve the availability of the property

  subject to forfeiture in the above-styled criminal action, and to take other actions to

  protect the interest of the United States in the property ordered forfeited.           Upon

  consideration of the Government’s motion, it appears to the Court that there is reasonable

  cause to enter a restraining order and an order to deposit based upon the following:

           WHEREAS, the Indictment contained a Forfeiture Notice, pursuant to which the

  United States seeks forfeiture under Title 18, United States Code, Section 981(a)(1)(C), in

  conjunction with Title 28, United States Code, Section 2461(c), of any property

  constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such

  offense(s);

           The Defendant pled guilty to a written Plea Agreement to Count Four of the

  Indictment charging that Porch and Co-Defendant Dereen Porch, did willfully and

      Case 4:21-cr-00023-CDL-MSH Document 79 Filed 07/12/22 Page 2 of 5




knowingly steal and convert to their own use loan/grant proceeds from the Small

Business Administration, in a value exceeding $1,000, to wit: approximately $364,200 in

United States currency, of the goods and property of the United States; all in violation of

Title 18, United States Code, Section 641;

       The United States filed a Motion and Memorandum for the Issuance of a

Preliminary Order of Forfeiture/Money Judgment for certain property subject to

forfeiture, and the Court having entered such an Order;

       Defendant Porch having communicated that the Dodge Charger has already been

sold, without providing any specific details related to the sale;

       Arrangements were made to evaluate/appraise and seize certain property listed

in the preliminary order, on July 6, 2022, at 3:00p.m. at the residence of Defendant Porch,

including a Porsche Panamera;

       On July 6, 2022, case agents arrived at Defendant Porch’s residence as arranged,

but Defendant Porch claimed to have sold the Porsche Panamera three or four days prior;

       After the Government talked to defense counsel, Defendant Porch later stated that

the Porsche Panamera was now in his possession and parked at his house;

       The need to preserve the availability of the property subject to forfeiture through

the entry of the order requested herein outweighs the hardship on any party against

whom the order is to be entered;




                                             2

      Case 4:21-cr-00023-CDL-MSH Document 79 Filed 07/12/22 Page 3 of 5




          Any third party claims to the property subject to forfeiture may be properly

brought and resolved in ancillary proceedings conducted by this Court following the

execution of the Preliminary Order of Forfeiture/Money Judgment or any amended

order in accordance with the provisions of federal forfeiture law;

          THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

          Effective immediately, Defendant Porch, his agents, servants, employees,

attorneys, family members and those persons in active concert or participation with him,

and those persons, financial institutions, or other entities who have any interest or control

over the subject property are hereby,

          RESTRAINED, ENJOINED, AND PROHIBITED, without prior approval of this

Court and upon notice to the United States and an opportunity for the United States to

be heard, from attempting or completing any action that would affect the availability,

marketability or value of said property, including but not limited to selling, transferring,

assigning, pledging, distributing, encumbering, wasting, secreting, depreciating,

damaging, or in any way diminishing the value of, all or any part of their interest, direct

or indirect, any property subject to forfeiture, including, but not limited to the following,

to wit:

          VEHICLES

          A.    One (1) 2012 Porsche, Model: Panamera 2, VIN: WP0AA2A77CL014697;

          B.    One (1) 2016 Dodge, Model: Charger R/T, VIN: 2C3CDXCT9GH203169;



                                             3

      Case 4:21-cr-00023-CDL-MSH Document 79 Filed 07/12/22 Page 4 of 5




      C.     One (1) 2015 Land Rover, Model: Range Rover, VIN:

             SALWR2VF6FA508123; and

      SUBSTITUTE ASSET

      A.     One (1) 2016 Chevrolet, Model: Camaro, VIN: 1G1FF1R7XG0176507;

      CURRENCY

      A.     Proceeds from the sale of the 2016 Dodge, Model: Charger R/T, VIN:

             2C3CDXCT9GH203169.

      IT IS FURTHER ORDERED that to the extent that the Dodge Charger has already

been sold, Defendant Porch shall provide the Bill or Sale to the Government within seven

(7) days of this Order, or otherwise provide the date of the sale, the amount of the sale,

the current owner including name and address.

      IT IS FURTHER ORDERED that to the extent that the Dodge Charger has already

been sold, Defendant Porch shall deposit the sale proceeds with the United States

Marshals Service through Special Agent Kate Furtak of the Federal Bureau of

Investigation within seven (7) days of this Order. The payment shall be made to the FBI

via cashier’s check, made payable to the “United States Marshals Service”.

      IT IS FURTHER ORDERED that Defendant Porch is required to maintain the

present condition of the property subject to this Order, including timely payment of all

vehicle payments, until further order of this Court.




                                            4

      Case 4:21-cr-00023-CDL-MSH Document 79 Filed 07/12/22 Page 5 of 5




       IT IS FURTHER ORDERED that the United States or any party subject to this

Order may seek modifications of this Order if it is deemed necessary by them to preserve

their interest in the subject property.

       IT IS FURTHER ORDERED that the United States shall promptly serve a copy of

this Restraining Order upon Defendant Porch through his counsel of record, and shall

make a return thereon reflecting the date and time of service.

       THIS RESTRAINING ORDER shall remain in full force and effect until further

order of this Court.

       SO ORDERED, this __12th___ day of _July_, 2022.



                                                S/Clay D. Land
                                                CLAY D. LAND, JUDGE
                                                UNITED STATES DISTRICT COURT
                                                MIDDLE DISTRICT OF GEORGIA




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