Order of Forfeiture — United States v. Ugarte (Dkt. 126-1, D. Utah)

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An order of forfeiture by Chief Judge Robert J. Shelby in United States v. Hubert Ivan Ugarte, Case No. 2:20-CR-00214-RJS, in the U.S. District Court for the District of Utah, filed April 5, 2021 as Document 126-1. Based on the defendant's guilty plea (Dkt No. 125) to Loan Application Fraud in Count 4 under 18 U.S.C. § 1014, and the government's motion, it finds that $28,889.16 seized from an American First Credit Union account and a money judgment of $210,000.00 are subject to forfeiture under 18 U.S.C. §§ 982(a)(2), 982(b) and 21 U.S.C. § 853(p). The order sets out the procedure for the forfeiture and keeps the court's jurisdiction to amend it under Fed. R. Crim. P. 32.2(e).

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Case 2:20-cr-00214-RJS-JCB Document 126-1 Filed 04/05/21 PageID.438 Page 1 of 4




                     IN THE UNITED STATES DISTRICT COURT
                      DISTRICT OF UTAH, CENTRAL DIVISION


  UNITED STATES OF AMERICA,                             Case No. 2:20-CR-00214-RJS

                       Plaintiff,                       ORDER OF FORFEITURE

        vs.                                              Chief Judge Robert J. Shelby
  HUBERT IVAN UGARTE,

                       Defendant.


        The defendant has pleaded guilty. Dkt No. 125. Having examined his factual

 admissions in support of the plea, and the government’s Motion for Order of Forfeiture,

 and good cause appearing, the court makes the following findings:

        1.     As a result of a guilty plea to Loan Application Fraud (Count 4) in violation

 of 18 U.S.C. § 1014 of the Indictment, under 18 U.S.C. §§ 982(a)(2), 982(b), and 21 U.S.C.

 § 853(p) the defendant must forfeit to the United States any property constituting, or

 derived from, proceeds the defendant obtained directly or indirectly traceable to such

 offense.

        2.     Based on the information provided in the government’s motion, the

 Indictment, and the guilty plea of the defendant that include his agreement regarding the

 forfeiture, the court finds that: $28,889.16 seized from the American First Credit Union,

 account number ending in **6749, and a MONEY JUDGMENT in the amount of

 $210,000.00 is subject to forfeiture, that the defendant had an interest in said property, and

                                               1

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 that the government has established the requisite nexus between the subject property and

 the offense.

         3.       In accordance with Fed. R. Crim. P. 32.2(b)(1)(A), and 18 U.S.C. §

 982(a)(2), the defendant shall forfeit $28,889.16 seized from the American First Credit

 Union account number ending in **6749, and the court imposes a MONEY JUDGMENT

 against the defendant in the amount of $210,000.00 related to his loan application fraud

 offense.

         4.       Pursuant to 18 U.S.C. §§ 982(a)(2), 982(b), 21 U.S.C. § 853(p), and Fed. R.

 Crim. P. 32.2 (b)(1), the above identified property is hereby forfeited to the United States.

         5.       Upon the entry of this Order, in accordance with Fed. R. Crim. P. 32.2(b)(3),

 the Attorney General (or designee) is authorized to seize the properties and conduct any

 discovery proper in identifying, locating, or disposing of the property subject to forfeiture.

         6.       Upon the entry of this Order, in accordance with Fed. R. Crim. P. 32.2(b)(3),

 the United States may conduct any discovery proper in identifying, locating, or disposing

 of any property of the defendant’s that could be used to satisfy the judgment.

         7.       Upon entry of this Order the Attorney General or its designee is authorized

 to commence any applicable proceeding to comply with statutes governing third party

 interests, including giving notice of this Order.

         8.       The United States shall publish notice of this Order on the Government’s

 internet website, www.forfeiture.gov. The United States may also, to the extent practicable,

 provide written notice to any person known to have an alleged interest in the subject

 property.
 U.S. v. Hubert Ivan Ugarte                      2
 Order of Forfeiture

Case 2:20-cr-00214-RJS-JCB Document 126-1 Filed 04/05/21 PageID.440 Page 3 of 4




         9.       Any person, other than the above named defendant, asserting a legal interest

 in the subject property may, within thirty days of the final publication of notice or receipt

 of notice, whichever is earlier, petition the Court for a hearing without a jury to adjudicate

 the validity of his alleged interest in the subject property, and amendment of the order of

 forfeiture pursuant to 21 U.S.C. § 853.

         10.      Under Fed. R. Crim. P. 32.2(c)(1), no ancillary proceeding is required

 because this order only imposes a money judgment.

         11.      Under Fed. R. Crim. P. 32.2(b)(4), this Order of Forfeiture shall become final

 as to the defendant at the time of sentencing and shall be made part of the sentence and

 referenced in the judgment. If no third-party files a claim, this Order shall become the Final

 Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2).

         12.      Any petition filed by a third party asserting an interest in the subject property

 shall be signed by the petitioner under penalty of perjury and shall set forth the nature and

 extend of the petitioner’s right, title, or interest in the subject property, the time and

 circumstances of the petitioner’s acquisition of the right, title, or interest in the property,

 any additional facts supporting the petitioner’s claims, and the relief sought.

         13.      After the disposition of any motion filed under Fed. R. Crim. P.

 32.2(c)(1)(A), and before a hearing on the petition, discovery may be conducted in

 accordance with the Federal Rules of Civil Procedure upon a showing that such discovery

 is necessary or desirable to resolve factual issues.

         14.      The United States shall have clear title to the subject property following the

 Court’s disposition of all third party interests, or, if no petitions are filed, following the
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 Order of Forfeiture

Case 2:20-cr-00214-RJS-JCB Document 126-1 Filed 04/05/21 PageID.441 Page 4 of 4




 expiration of the period provided in 21 U.S.C. § 853 which is incorporated by 18 U.S.C. §

 982(b), for the filing of third party petitions.

         15.      To satisfy the money judgment in whole or in part, the United States may

 move at any time pursuant to Rule 32.2(e) to amend this order of forfeiture to forfeit

 substitute property having a value not to exceed $210,000.00.

         16.      The Court shall retain jurisdiction to enforce this Order, and to amend it as

 necessary under Fed. R. Crim. P. 32.2(e).

         IT IS SO ORDERED.

                                                        Dated this   Day of April, 2021.




                                                        ROBERT J. SHELBY, Senior Judge
                                                        United States District Court




 U.S. v. Hubert Ivan Ugarte                         4
 Order of Forfeiture

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