Agreed Preliminary Order of Forfeiture — U.S. v. Clark

Record facts

U.S. District Court, Eastern District of Tennessee · No. 1:21-cr-00069-CEA-CHS · Doc. 24 · 2022-01-25 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT CHATTANOOGA 
 
 
 
) 
UNITED STATES OF AMERICA 
) 
 
 
) 
Case No. 1:21-cr-69 
 
v. 
) 
 
 
 
) 
Judge Atchley 
DONNA J. CLARK 
) 
 
 
) 
Magistrate Judge Steger 
 
 
) 
 
AGREED PRELIMINARY ORDER OF FORFEITURE 
 
 
Before the Court is a Joint Motion for Entry of Agreed Preliminary Order of Forfeiture. 
[Doc. 23].  
 
On August 6, 2021, an Indictment [Doc. 1] was filed charging Defendant, Donna J. Clark, 
with wire fraud, in violation of 18 U.S.C. § 1343 (Count One), in addition to other charges. The 
Indictment contained forfeiture allegations, whereby the United States sought forfeiture of 
Defendant’s interest in any property constituting, or derived from, proceeds obtained, directly or 
indirectly, as a result of the offense set forth in Count One, pursuant to 18 U.S.C. § 982(a)(2). 
[Doc. 1]. 
On December 22, 2021, an Amended Plea Agreement [Doc. 18] was filed. On January 19, 
2022, Defendant pled guilty to Count One of the Indictment and agreed to facts sufficient to 
support the plea and forfeiture of properties as set forth in the Amended Plea Agreement. [Doc. 
21]. By virtue of Defendant’s guilty plea, this Court has determined the properties listed therein 
are subject to forfeiture pursuant to 18 U.S.C. § 982(a)(2). Furthermore, the United States has 
established the requisite nexus between the properties and the offense charged in Count One of the 
Indictment, to which Defendant pled guilty. 
 
 
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Accordingly, the Joint Motion for Entry of Agreed Preliminary Order of Forfeiture [Doc. 
23] is GRANTED. It is hereby ORDERED: 
 
1. 
Based on the guilty plea of Defendant for the violation of 18 U.S.C. § 1343, as set 
forth in the Indictment, and pursuant to the Amended Plea Agreement and Federal Rule of Criminal 
Procedure 32.2(b)(2)(A), Defendant’s right, title, and interest in the following properties are 
hereby FORFEITED to the United States pursuant to 18 U.S.C. § 982(a)(2): 
a. $460.00 U.S. currency seized from the residence of Donna J. Clark on July 19, 
2021; 
 
b. $20,000.00 official check (#1003749082) from BB&T payable to Donna Clark 
dated July 17, 2021; 
 
c. Funds up to the amount of $53,038.13 in BB&T Bank account number 
1430001294316 held in the name of Donna J. Clark; and  
 
d. Funds up to the amount of $15,000.00 in First Volunteer Bank account number 
2000294039 held in the name of Donna J. Clark.1 
 
2. 
The forfeited properties are to be held by the United States Marshals Service or its 
designated representative, until the investigation is complete. 
3. 
Pursuant to Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims 
and Asset Forfeiture Actions, the United States shall give notice of its intent to dispose of the 
properties in such a manner as the United States Attorney General may direct.  The Notice shall 
provide that any person other than Defendant, having or claiming a legal interest in the above-
listed properties must file a petition with the Court within sixty (60) days from the first day of 
publication of the Notice on the official Government website, which is www.forfeiture.gov. 
 
1Defendant also agreed to a money judgment in the amount of $110,125.50, as set forth in the Amended 
Plea Agreement.  The money judgment will be addressed in a separate Order of Forfeiture.   
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4. 
The Notice shall also state that the petition for a hearing to adjudicate the validity 
of the petitioner’s alleged interest in the properties shall be signed by the petitioner under penalty 
of perjury and shall set forth the nature and extent of the petitioner’s right, title, and interest in the 
properties, the time and circumstances of the petitioner’s acquisition of the right, title, and interest 
in the properties and any additional facts supporting the petitioner’s claim and the relief sought.  
The United States may also, to the extent practicable, provide direct written Notice to any person, 
as a substitute for published Notice as to those persons so notified.  See 21 U.S.C. § 853(n). 
 
5. 
Upon adjudication of all other or third-party interests in the properties, this Court 
will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853, as incorporated by 18 U.S.C. 
§ 982(b)(1). 
6. 
The Court shall retain jurisdiction to enforce this Order, and to amend it as 
necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e). 
 
 
SO ORDERED. 
 
 
 
 
 
 
 
 
 
 
 
 
/s_ Charles E. Atchley, Jr.___________ 
 
 
 
 
 
 
CHARLES E. ATCHLEY, JR. 
 
 
 
 
 
 
UNITED STATES DISTRICT JUDGE 
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