Motion for Final Order of Forfeiture — United States v. Bell (Dkt. 28, D.D.C.)

Summary

The government's Motion for Final Order of Forfeiture in United States of America v. James Kyle Bell, Criminal No. 21-CR- 00284 (JDB), in the U.S. District Court for the District of Columbia, filed November 30, 2022 under Federal Rule of Criminal Procedure 32.2. The United States asks the Court to forfeit $4,900 deposited at Bank of America on or about December 22, 2020, which the bank returned by a check now kept in trust by defense counsel. It also seeks funds seized from bank accounts, including $187,480.58 in an account in Bell's name, $257,516.63 in an account of Keep America Great Committee LLC and $68,702.10 in an account of Red Five LLC. The motion states that the defendant pleaded guilty on May 17, 2021 and that no third party filed a timely petition.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 1:21-cr-00284-JDB Document 28 Filed 11/30/22 Page 1 of 4




                            UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF COLUMBIA


UNITED STATES OF AMERICA                      :      CRIMINAL NO. 21-CR- 00284 (JDB)
          v.                                  :
                                              :
JAMES KYLE BELL,                              :
                                              :
                                              :
               Defendant.                     :

                     MOTION FOR FINAL ORDER OF FORFEITURE

       The United States of America, by and through its attorney, the United States Attorney for

the District of Columbia, respectfully requests that the Court, pursuant to Federal Rule of Criminal

Procedure 32.2, issue a Final Order of Forfeiture for the following:

               a. $4,900 deposited by BELL into an account at Bank of America
                  on or about December 22, 2020, and returned to BELL by Bank
                  of America in a check which is currently held in trust by counsel
                  for the defendant;

               b. $2,494.32 in funds seized from an account in the name of “Keep
                  America Great Committee LLC” with Bank of America
                  (account ending 8457)

               c. $2,934.43 in funds seized from an account in the name of “James
                  Kyle Bell Amy Arlit” with Bank of America (account ending
                  5884)

               d. $187,480.58 in funds seized from an account in the name of
                  “James Kyle Bell” with Bank of America (account ending 2519)

               e. $257,516.63 in funds seized from an account in the name of
                  “Keep America Great Committee LLC” (account ending 8444)

               f. $68,702.10 in funds seized from an account in the name of “Red
                  Five LLC” (account ending 1400).
   In support thereof, the government states the following:

             Case 1:21-cr-00284-JDB Document 28 Filed 11/30/22 Page 2 of 4




        1.       On May 17, 2021, the defendant, James Kyle Bell, pleaded guilty before the

Honorable John D. Bates to a one count Information charging him with wire fraud in 18 U.S.C. §

1343.

        2.       The Information provided notice that upon conviction of the offense in Count One,

the defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C.

§ 2461(c), any property, real or personal, which constitutes or is derived from proceeds traceable

to the offense; and that the United States would seek a forfeiture money judgment against the

defendant in the amount of $862,560.19. See Information, ECF No. 1. The Information also

provided notice to the defendant that, pursuant to 21 U.S.C. § 853(p), substitute property of the

defendant was subject to forfeiture.

        3.       As part of the defendant’s plea agreement, the defendant consented to the entry of

a forfeiture money judgment in the amount of $862,560.19, and the forfeiture of the property

identified in paragraphs a-f, above. See Plea Agreement, ECF No. 4 at 8-9.

        4.       On May 17, 2021, this Court entered a Preliminary Order of Forfeiture forfeiting

the aforementioned property and $862,560.19, in the form of a money judgment, to the United

States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). See Order, ECF No. 9. The

Consent Order was final as to the defendant pursuant to FED. R. CRIM. P. 32.2(b)(4)(A).

        5.       On February 10, 2022, the Court sentenced the defendant and incorporated the

Preliminary Order into the judgment. See ECF No. 24.

                                  APPLICABLE PROCEDURE

        6.       Federal Rule of Criminal Procedure 32.2(e)(2)(B) recognizes that an order of

forfeiture for substitute property does not address any interest that a third party may have in that

property.     It provides that following the entry of the order, the court must conduct an ancillary

                Case 1:21-cr-00284-JDB Document 28 Filed 11/30/22 Page 3 of 4




proceeding under Rule 32.2(c) “if a third party files a petition claiming an interest in the property.”

Id. 32.2(e)(2)(B).

           7.      The purpose of the ancillary proceeding is to “resolve” any third-party claims to

specific property subject to a forfeiture order. United States v. Cox, 575 F.3d 352, 358 (4th Cir.

2009); see also FED. R. CRIM. P. 32.2(b)(2)(A) (Determination of third-party interest is “deferred

until any third party files claim in an ancillary proceeding.”). The Government commences the

ancillary proceeding by publishing notice of the forfeiture order and “send[ing] notice to any

person who reasonably appears to be a potential claimant with standing to contest the forfeiture.”

FED. R. CRIM. P. 32.2(b)(6)(A); see also 21 U.S.C. § 853(n)(1) (Government must publish notice

of the order and “may also, to the extent practicable provide direct written notice to any person

known to have alleged an interest in the property.”). A third party asserting a legal interest in

forfeited property must “petition the court for a hearing to adjudicate the validity” of the interest

within the earlier of thirty days of the final publication of notice or the receipt of direct written

notice. 21 U.S.C. § 853(n)(2).

           8.      In accordance with Federal Rule of Criminal Procedure 32.2(b)(6) and 21 U.S.C. §

853(n)(1), the United States published notice of the forfeitures on the Government’s official

internet site, www.forfeiture.gov, from May 22, 2021, to June 20, 2021. See Exhibit 1, Declaration

of Publication.

           9.      The United States is not aware of any person who reasonably appears to have an

interest in the assets and thus did not send direct written notice of the Consent Order to any third

parties.

           10.     The time period for claiming an interest in the assets under 21 U.S.C. § 853(n)(2)

has expired. No person has filed a petition with this Court asserting an interest in the assets. The

Consent Order is now a final order as to third parties. See FED. R. CRIM. P. 32.2(c)(2) (“If no third

          Case 1:21-cr-00284-JDB Document 28 Filed 11/30/22 Page 4 of 4




party files a timely petition, the preliminary order becomes the final order of forfeiture”). Any

interest that a third party may have had in the properties has been “extinguishe[d].” United States

v. Marion, 562 F.3d 1330, 1339 (11th Cir. 2009) (“The failure to file a petition within . . . thirty-

day time period extinguishes a third-party’s interests.”).

       Wherefore, the government respectfully requests that the Court enter the attached Final

Order of Forfeiture.

                                              Respectfully submitted,
                                              MATTHEW M. GRAVES
                                              United States Attorney



                                      By:     /s/Elizabeth Aloi
                                              JOHN W. BORCHERT (Bar No. 472824)
                                              ELIZABETH ALOI (Bar No. 1015864)
                                              Assistant United States Attorneys
                                              601 D Street, NW
                                              Washington, D.C. 20530
                                              (202) 252-7679 (Borchert)
                                              (202) 252-7212 (Aloi)
                                              john.borchert@usdoj.gov
                                              elizabeth.aloi@usdoj.gov

File and source

File

28.pdf

Size

170,936 bytes

SHA-256

8becdadf8c9ca48d83d2aee0c2287cc27a8353a753575cc24916370cc725a2d6

Our copy

28.pdf