Preliminary Order of Forfeiture — United States v. April Elick

Record facts

U.S. District Court, Southern District of West Virginia · No. 1:25-cr-00056 · Doc. 22 · 2025-08-25 · Docket on CourtListener

Full text

Case 1:25-cr-00056 Document 22 _ Filed 08/25/25 Page 1 of 3 PagelD #: 58

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA
BLUEFIELD
UNITED STATES OF AMERICA,
v. CRIMINAL NO. 1:25-cr-00056
APRIL ELICK

PRELIMINARY ORDER OF FORFEITURE

WHEREAS, the defendant, APRIL ELICK, appeared before this Court on June 2, 2025,
with the assistance of counsel, and pled guilty to the said Information, which charged her with a
violation of 18 U.S.C. § 641 (Theft of Government Money);

WHEREAS, the Information also included a forfeiture allegation against APRIL ELICK
seeking a forfeiture money judgment in the amount of $97,802.59 in United States currency, more
or less, to the United States pursuant to 18 U.S.C. §§ 981, 982 or 28 U.S.C. § 2461(c).

WHEREAS, the defendant has consented to forfeit all of her right, title, and interest in the
forfeiture money judgment in the amount of $97,802.59 in United States currency, more or less
described above which constituted, or was derived from, any proceeds of, or facilitated the
commission of, a violation of 18 U.S.C. § 641 as set forth in the Information;

ACCORDINGLY, based on the foregoing, the Court hereby ORDERS that any and all
interest of the defendant, APRIL ELICK, in the property listed above be and the same hereby is
FORFEITED to the United States pursuant to 18 U.S.C. §§ 981, 982 or 28 U.S.C. § 2461(c).

WHEREAS, Fed. R. Crim. P. 32.2(c)(1) provides that “no ancillary proceeding is required

to the extent the forfeiture consists of a money judgment.”
Case 1:25-cr-00056 Document 22 Filed 08/25/25 Page 2 of 3 PagelD #: 59

Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States
Attorney’s Office is authorized to conduct any discovery needed to identify, locate, or dispose of
the property, including depositions, interrogatories, and requests for production of documents,
and to issue subpoenas pursuant to Fed. R. Civ. P. 45.

A forfeiture money judgment shall be included in the defendant’s sentence, and the United
States may take steps to collect the judgment from any property of the defendant, provided, the
value of any forfeited specific assets shall be credited toward satisfaction of this money judgment
upon liquidation.

The parties stipulate and agree that the aforementioned asset(s) constitute property derived
from or traceable to proceeds of defendant’s crime(s) herein or property used in any manner to
facilitate the commission of such offense(s) and are therefore subject to forfeiture pursuant to 18
U.S.C. §§ 981, 982 or 28 U.S.C. § 2461(c). The defendant hereby waives the requirements of
Fed. R. Crim. P. 32.2 and 43(a) regarding notice of the forfeiture in the charging instrument,
announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment
against defendant. If the defendant has previously submitted a claim in response to an
administrative forfeiture proceeding regarding any of this property, defendant hereby withdraws
that claim. If defendant has not previously submitted such a claim, defendant hereby waives all
right to do so.

Having established a nexus between the violation and the asset in this matter, the United
States will have a clear right, title and interest in the forfeiture money judgment in this matter.
As to any specific assets, following the Court’s disposition a final order of forfeiture shall be

entered.
Case 1:25-cr-00056 Document 22 Filed 08/25/25 Page 3 of 3 PagelD #: 60

The Clerk is directed to send certified copies of this Order to counsel of record, to First
Sergeant Bradford S. Burner, CFE, West Virginia State Police, Bureau of Criminal Investigations,
Post Office Box 1011, Beckley, West Virginia 25801.

IT IS SO ORDERED this 25th day of August 2025.

ENTER:

Ruud OA Meliw

DAVID A. FABER
United States District Judge

ORDER PREPARED BY:

/s/Justin A. Marlowe

JUSTIN A. MARLOWE

Assistant United States Attorney

WV State Bar No. 9695

United States Attorney’s Office

300 Virginia Street, East, Room 4000
Charleston, WV 25301

Telephone: 304-345-2200/ Fax: 304-347-5104
Email: justin.marlowe@usdoj.gov

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