Order of Forfeiture for Money Judgment — U.S. v. Clark

Record facts

U.S. District Court, Eastern District of Tennessee · No. 1:21-cr-00069-CEA-CHS · Doc. 34 · 2022-06-01 · Docket on CourtListener

Full text

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 
 
 
 
) 
 
ORDER OF FORFEITURE FOR MONEY JUDGMENT 
 
 
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.   
In the forfeiture allegations of the Indictment, 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).  
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 a money judgment as set forth in the Amended Plea Agreement.1  
By virtue of Defendant’s guilty plea, this Court has determined the money judgment listed therein 
is subject to forfeiture pursuant to 18 U.S.C. § 982(a)(2).  Further, the United States has established 
the requisite nexus between the money judgment and the offense charged in Count One of the 
Indictment, to which Defendant pled guilty. 
 
1 Defendant also agreed to forfeiture of properties as set forth in the Amended Plea Agreement. Forfeiture 
of the properties were addressed in an Agreed Preliminary Order of Forfeiture (Doc. 24) filed on January 
25, 2022.   
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2 
 
Federal Rule of Criminal Procedure 32.2(c)(1) provides that “no ancillary proceeding is 
required to the extent that the forfeiture consists of a money judgment.” Because no ancillary 
proceeding is required, it is appropriate to enter an order of forfeiture at this time, which will 
become final as to the Defendant at the time of sentencing. 
Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that: 
 
1. 
Based upon the conviction of Defendant for the violation of 18 U.S.C. § 1343, and 
pursuant to 18 U.S.C. § 982(a)(2) and Federal Rule of Criminal Procedure 32.2(b), the United 
States is entitled to a money judgment against Defendant, and in favor of the United States, in the 
amount of $110,125.50, which represents proceeds Defendant personally obtained as a result of 
the offense in violation 18 U.S.C. § 1343. 
2. 
In accordance with Federal Rules of Criminal Procedure 32.2(b)(4)(A) and 
(b)(4)(B), this Order of Forfeiture will become final as to Defendant at the time of sentencing and 
will be made part of the sentence and included in the Judgment. 
3. 
The United States may, at any time, move pursuant to Federal Rule of Criminal 
Procedure 32.2(e) to amend this Order of Forfeiture to substitute property having a value not to 
exceed $110,125.50 to satisfy the money judgment in whole or in part. 
4. 
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). 
5. 
The Clerk of this Court shall provide a certified copy of this Order to the United 
States Attorney’s Office. 
SO ORDERED. 
/s/  Charles E. Atchley, Jr.___________ 
 
 
 
 
 
 
CHARLES E. ATCHLEY, JR. 
 
 
 
 
 
UNITED STATES DISTRICT JUDGE 
 
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3 
 
Submitted by: 
 
FRANCIS M. HAMILTON III 
United States Attorney 
 
 
By:  
s/Steven S. Neff  
 
 
 
Steven S. Neff, GA Bar No. 537187 
Assistant United States Attorney 
1110 Market Street, Ste. 515 
Chattanooga, Tennessee 37402 
(423) 752-5140 
Steven.Neff@usdoj.gov 
 
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