Court filing
Forfeiture Motion - United States v. Crystal Denean Harvell
Filed February 14, 2025 in U.S. v. Harvell; one of 9 filings from this case.
Record facts
| Court | U.S. District Court, Middle District of Florida |
|---|---|
| Filed | 2025-02-14 |
U.S. District Court, Middle District of Florida · No. 3:24-cr-00179-WWB-LLL · Doc. 30 · 2025-02-14 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES OF AMERICA v. Case No. 3:24-cr-179-WWB-LLL CRYSTAL DENEAN HARVELL UNITED STATES' CONSENT MOTION FOR PRELIMINARY ORDER OF FORFEITURE FOR PROCEEDS The United States moves the Court, pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), Fed. R. Crim. P. 32.2(b)(2), and the defendant’s plea agreement, for entry of a preliminary order of forfeiture for proceeds in the amount of $20,415, representing the amount of proceeds the defendant admits she obtained as a result of the wire fraud offense charged in Count Two of the Information. In support of its motion, the United States submits the following. MEMORANDUM OF LAW l. Statement of Facts A. Allegations Against the Defendant 1. In pertinent part, the defendant was charged in an Information with wire fraud, in violation of 18 U.S.C. § 1343 (Count Two). Doc. 1. 2. The forfeiture allegations in the Information notified the defendant that, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), the United States would forfeit any property constituting or derived from proceeds the defendant obtained, directly or indirectly, as a result of such violation, including, but not limited to, an order of forfeiture for approximately $20,415. Id. at 12-13. Case 3:24-cr-00179-WWB-LLL Document 30 Filed 02/14/25 Page 1 of 5 PageID 111 2 B. Finding of Guilt and Admissions Related to Forfeiture 3. The defendant pleaded guilty to Counts One and Two. Docs. 5 and 12. This Court accepted the defendant’s guilty plea and adjudicated her guilty. Doc. 18. 4. The defendant admitted in her Plea Agreement (Doc. 9 at 24-28) that she made materially false statements and representations in an application for a Paycheck Protection Program (PPP) loan, and that based on those statements and representations, she caused a wire in the amount of $20,415 to be sent to her personal bank account. She also admitted that she subsequently used the loan proceeds for her own personal enrichment. Id. at 27. 5. Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), the defendant admitted and agreed that the United States was entitled to an order of forfeiture in the amount of $20,415, representing the amount of proceeds the defendant personally obtained as a result of the conspiracy and wire fraud offenses. Doc. 9 at 10. Moreover, the defendant agreed that the order of forfeiture would be final upon entry. Id. at 12. II. Applicable Law A. Forfeiture Authority Forfeiture in this case is governed by 18 U.S.C. § 981(a)(1)(C), which provides for the civil forfeiture of any property, real or personal, that constitutes or is derived from proceeds traceable to a violation of any offenses constituting “specified unlawful activity,” as defined in 18 U.S.C. § 1956(c)(7). A “specified unlawful activity” also includes any offense listed in 18 U.S.C. § 1961(1), which, in turn, including any violation of 18 U.S.C. § 1343. See 18 U.S.C. §§ 981(a)(1)(C), 1956(c), and 1961(1). Pursuant to Case 3:24-cr-00179-WWB-LLL Document 30 Filed 02/14/25 Page 2 of 5 PageID 112 3 28 U.S.C. § 2461(c), the United States is authorized to forfeit this property criminally utilizing the procedures set forth in 21 U.S.C. § 853. B. Court’s Determination of Forfeiture Pursuant to Rule 32.2(b)(2), because the United States could not locate all of the specific property constituting or derived from the proceeds the defendant obtained from her wire fraud offense, the United States seeks an order of forfeiture against the defendant in the amount of proceeds she obtained from her offense. Indeed, for cases in which the defendant no longer has the actual dollars or property traceable to proceeds in his/her possession, or the government cannot locate those assets, the obligation to forfeit simply takes the form of an order of forfeiture in favor of the United States. See United States v. Padron, 527 F.3d 1156, 1161-62 (11th Cir. 2008). Rule 32.2(b)(1)(B) provides that the court must determine the amount of money that the defendant will be ordered to pay. The Court’s determination may be based on evidence submitted by the parties and accepted by the Court as relevant and reliable. Fed. R. Crim. P. 32.2(b)(1)(B). As the defendant has agreed, she personally obtained $20,415 from her commission of the wire fraud offense charged in Count Two. If the Court finds the $20,415 was obtained from in the wire fraud offenses, and that the defendant has dissipated those funds, then it is appropriate for the Court to enter a preliminary order of forfeiture against the defendant in that amount pursuant to Rule 32.2(b)(2). Case 3:24-cr-00179-WWB-LLL Document 30 Filed 02/14/25 Page 3 of 5 PageID 113 4 III. Conclusion For the reasons stated above, the United States requests that, pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c) and Fed. R. Crim. P. 32.2(b), the Court enter a Preliminary Order of Forfeiture for Proceeds against the defendant in the amount of $20,415. The United States further requests that, because the $20,415 in proceeds was dissipated by the defendant, the United States may seek, as a substitute asset, pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c), forfeiture of any of the defendant’s property up to the value of $20.415. The United States further requests that, in accordance with her Plea Agreement (Doc. 40 at 12), the Preliminary Order of Forfeiture for Proceeds become final as to the defendant at the time it is entered. As required by Fed. R. Crim. P. 32.2(b)(4)(B), the United States requests that the Court include the forfeiture when orally pronouncing the sentence and include the forfeiture order in the judgment. See Fed. R. Crim. P. 32.2(b)(4)(B) and United States v. Kennedy, 201 F.3d 1324, 1326 (11th Cir. 2000). The United States further requests that the Court retain jurisdiction to address any third-party claim that may be asserted in these proceedings, to enter any further Case 3:24-cr-00179-WWB-LLL Document 30 Filed 02/14/25 Page 4 of 5 PageID 114 5 order necessary for the forfeiture and disposition of such property, and to order any substitute assets forfeited to the United States up to the amount of the order of forfeiture. By: Respectfully Submitted, ROGER B. HANDBERG United States Attorney s/Jennifer M. Harrington____________ JENNIFER M. HARRINGTON Assistant United States Attorney Florida Bar No. 0117748 400 W. Washington Street, Suite 3100 Orlando, Florida 32801 Telephone: (407) 648-7500 Facsimile: (407) 648-7643 Email: Jennifer.Harrington2@usdoj.gov CERTIFICATE OF SERVICE I hereby certify that on February 14, 2024, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to counsel of record. s/Jennifer M. Harrington_________ JENNIFER M. HARRINGTON Assistant United States Attorney Case 3:24-cr-00179-WWB-LLL Document 30 Filed 02/14/25 Page 5 of 5 PageID 115
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