Order of Forfeiture — U.S. v. Halfkenny

Record facts

U.S. District Court, District of Massachusetts · No. 1:26-cr-10107-NMG · Doc. 10-1 · 2026-06-10 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 
 
UNITED STATES OF AMERICA 
) 
 
 
) 
 
v. 
) 
Criminal No. 26-CR-10107-NMG 
 
) 
 
DAMIAN HALFKENNY, 
) 
 
 
) 
 
Defendant. 
) 
 
 
ORDER OF FORFEITURE (MONEY JUDGMENT) 
 
GORTON, S.J. 
WHEREAS, on April 10, 2026, the United States Attorney for the District of 
Massachusetts filed a one-count Information, charging defendant Damian Halfkenny (the 
“Defendant”), with Wire Fraud, in violation of 18 U.S.C. § 1343 (Count One); 
WHEREAS, the Information also included a forfeiture allegation, pursuant to 18 U.S.C. 
§ 981(a)(1)(C) and 28 U.S.C. § 2461(c), which provided notice that the United States intended to 
seek the forfeiture, upon conviction of the Defendant of the offense alleged in Count One of the 
Information, of any property, real or personal, which constitutes, or is derived from, proceeds 
traceable to the commission of the offense; 
WHEREAS, such property specifically included, without limitation: 
a. 
$21,332.79, to be entered in the form of a forfeiture money  
 
 
judgment; 
 
WHEREAS, the Information further provided that, if any of the above-described 
forfeitable property, as a result of any act or omission by the Defendant, (a) cannot be located 
upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third 
party; (c) has been placed beyond the jurisdiction of the Court; (d) has been substantially 
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diminished in value; or (e) has been commingled with other property which cannot be divided 
without difficulty, the United States is entitled to seek forfeiture of any other property of the 
Defendant, up to the value of such assets, pursuant to 21 U.S.C. § 853(p), as incorporated by 28 
U.S.C. § 2461(c);   
WHEREAS, on April 14, 2026, at a hearing pursuant to Rule 11 of the Federal Rules of 
Criminal Procedure, the Defendant pled guilty to Count One of the Information, pursuant to a 
written plea agreement that he signed on April 10, 2026;  
WHEREAS, in Section 6 of the plea agreement, the Defendant agreed to forfeit to the 
United States $21,332.79 on the grounds that such amount represented proceeds the Defendant 
derived from his offense; 
WHEREAS, based on the Defendant’s admissions in the written plea agreement and his 
guilty plea on April 14, 2026, the United States is entitled to an Order of Forfeiture consisting of 
a personal money judgment against the Defendant, in the amount of $21,332.79, pursuant to 18 
U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c); 
WHEREAS, the amount of $21,332.79 constitutes proceeds that the Defendant obtained 
as a result of violations of 18 U.S.C. § 1343; and 
WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure provides that 
Ano ancillary proceeding is required to the extent that the forfeiture consists of a money 
judgment.@ 
ACCORDINGLY, it is hereby ORDERED, ADJUDGED, and DECREED: 
1. 
The Defendant shall forfeit to the United States the sum of $21,332.79, pursuant 
to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). 
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2. 
This Court shall retain jurisdiction in the case for the purpose of enforcing this 
Order. 
3. 
The United States may, at any time, move pursuant to Rule 32.2(e) of the Federal 
Rules of Criminal Procedure to amend this Order to substitute property having a value not to 
exceed the amount set forth in Paragraph 1 to satisfy the money judgment in whole or in part. 
4. 
The United States may, at any time, conduct pursuant to Rule 32.2(b)(3) of the 
Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m), as incorporated by 28 
U.S.C.§ 2461(c), any discovery to identify, locate or dispose of forfeitable property or substitute 
assets, including, but not limited to, depositions and requests for documents, electronically stored 
information, and tangible things. 
5. 
Pursuant to Rule 32.2(b)(4), this Order shall be included in the sentence 
pronounced and imposed by the Court at the sentencing hearing, and in the criminal judgment  
entered by this Court against the Defendant. 
 
 
                                                        
NATHANIEL M. GORTON  
Senior United States District Judge 
 
Dated:                                 
 
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