Consent Preliminary Order of Forfeiture — United States v. Natosia Jerome Jenkins

Record facts

U.S. District Court for the Eastern District of North Carolina, Western Division · No. 5:23-cr-00167-D · Doc. 34 · 2023-11-29 · Docket on CourtListener

Summary

A Consent Preliminary Order of Forfeiture in United States v. Natosia Jerome Jenkins, No. 5:23-cr-00167-D, in the U.S. District Court for the Eastern District of North Carolina, Western Division, filed November 29, 2023 as Document 34. The order recites that the defendant pleaded guilty under a written plea agreement to the sole charge of a criminal information under 18 U.S.C. § 1349 and stipulates to personally obtaining at least $218,658.00 in proceeds. It enters a forfeiture money judgment of $218,658.00 under Fed. R. Crim. P. 32.2(b)(2) and 18 U.S.C. § 981(a)(l)(C), permits forfeiture of substitute assets under 21 U.S.C. § 853(p), and authorizes discovery to locate property. The four-page order records the defendant's waivers of forfeiture procedures and is signed by a United States District Judge.

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

Full text

FILED IN OPEN COURT 
ON_III .;20, 1 ;23 Xt.( 
Peter.A. Moore J 
-
IN THE UNITED STATES DISTRICT COURT M:sg:nct9~urt r., Clerk 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 
Di.,mct of Ne 
WESTERN DIVISION 
UNITED STATES OF AMERICA 
V. 
NATOSIA JEROME JENKINS 
No.13: ~3-ctz_-\ u7 -
1 D 
CONSENT PRELIMINARY 
ORDER OF FORFEITURE 
\VHEREAS, the above-named defendant has pleaded guilty pursuant to a 
written plea agreement to the Sole Charge of a Criminal Information, charging the 
defendant with offenses in violation of 18 U.S.C. § 1349; 
AND WHEREAS, the defendant consents to the terms of this Order and to the 
forfeiture of the property that is the subject of this Order of Forfeiture; and stipulates 
and agrees that he/she personally obtained at least $218,658.00 in proceeds from the 
offense, and further agrees that he/she made the proceeds unavailable as a result of 
his/her acts or omissions and one or more of the conditions to forfeit substitute assets 
exists, as set forth in 21 U.S.C. § 853(p); 
AND WHEREAS, the defendant stipulates and agrees that the defendant 
individually, or in combination with one or more co-defendants, has or had an 
ow:.'lcrship, beneficial, possessory, or other legal interest in and/or exercised dominion 
and control over each item of property that is subject to forfeiture herein; 
AND WHEREAS, the defendant knowingly and expressly agrees to waive the 
requirements of Federal Rules of Criminal Procedure ll(b)(l)(J), 32.2(a), 32.2(b)(l), 
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Case 5:23-cr-00167-D     Document 34     Filed 11/29/23     Page 1 of 4

32.2(b)(4), and 43(a), including waiver of any defect respecting notice of the forfeiture 
in the charging instrument or the plea colloquy; waiver of the :i;-ight to a hearing to 
present additional evidence respecting the forfeitability of any specific :property or the 
amor.nt of any forfeiture money judgment; waiver of the right to be present during 
any judicial proceeding respecting the forfeiture of the property that is the subject of 
this Order of Forfeiture or to receive further notice of the same; waiver of any defect 
respecting the announcement of the forfeiture at sentencing; and waiver of any defect 
respecting the inclusion of the forfeiture in the Court's judgment; 
AND WHEREAS, the defendant knowingly and expressly agrees that the 
provisions of this Consent Preliminary Order of Forfeiture are intended to, and shall, 
survive the defendant's death, notwithstanding the abatement of any underlying 
criminal conviction after the entry of this Order; and that the forfeitability of any 
particular property identified herein shall be determined as if defendant had 
survived, and that determination shall be binding upon defendant's heirs, successors 
and assigns until the agreed forfeiture, including any agreed money judgment 
amount, is collected in full; 
NOW, ·THEREFORE, based upon the Plea Agreement, the stipulations of the 
parties, and all of the evidence of record in this case, the Court FINDS as fact and 
CONCLUDES as a matter oflaw that there is a nexus between each item of property 
listed below and the offense(s) to which the defendant has pleaded guilty, and that 
the defendant (or any combination of defendants in this case) has or had an interest 
in the property to be forfeited, 
2 
Case 5:23-cr-00167-D     Document 34     Filed 11/29/23     Page 2 of 4

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 
1. 
The following property is forfeited to the United States pursuant to Fed. 
R. Crim. P. 32.2(b)(2) and 18 U.S.C. § 981(a)(l)(C): 
Forfeiture Money Judgment: 
a) A sum of money in the amount of $218,658.00, representing the gross 
proceeds personally obtained by the defendant as a result of the 
offense(s) for which he/she has been convicted; and an amount for 
which the defendant shall be solely liable and in satisfaction of which 
the United States may forfeit substitute assets pursuant to 21 U.S.C. 
§ 853(p) 
2. 
Pursuant to Fed. R. Crim. P. 32.2(b)(3) and 32.2(c)(l)(B), the United 
States is authorized to conduct any discovery pursuant to the applicable Federal 
Rules of Civil Procedure needed to identify, locate, or dispose of the above-referenced 
property, or other substitute assets, including depositions, interrogatories, requests 
for production of documents and for admission, and the issuance of subpoenas. 
3. 
To the extent this Order constitutes a personal forfeiture money 
judgrn.ent against the defendant, in accordance with Fed. R. Crim. P. 32.2(b)(6)(A), 
the United States is not required to send or publish notice of the same, as there is no 
specific property to be forfeited. However, this Order may be recorded in the records 
of the Clerk of Court in any county in which the defendant resides or has either real 
or personal property as a lien thereon. Pursuant to Rule 32.2(e) of the Federal Rules 
of Criminal Procedure, the United States may move to amend this Order at any time 
3 
Case 5:23-cr-00167-D     Document 34     Filed 11/29/23     Page 3 of 4

to forfeit other property in which the defendant has an interest, whether directly 
forfeitable or substitute assets, to satisfy this forfeiture money judgment in whole or 
in part; provided that the net proceeds of any forfeited assets shall be credited toward 
satisfaction of the judgment upon liquidation. 
4. 
Upon sentencing and issuance of the Judgment and Commitment Order, 
the Clerk of Court is DIRECTED to incorporate a reference to this Order ofForfeiture 
in the applicable section of the Judgment, as required by Fed. R. Crim. P. 
32.2(b)(4)(B). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), with the defendant's 
consent, this Order shall be final as to the defendant upon entry. 
5. 
The Court shall retain jurisdiction to enforce this Order, and to amend 
it as necessary, pursuant to Fed. R. Crim. P. 32.2(e). 
SO ORDERED, this the.-·J.-1 day of _,rW<!>\J~.M.~ 2023. 
WE ASK FOR THIS: 
MICHAEL F. EASLEY, JR. 
United States Attorney 
BY:1t{~ 
Assistant United States Attorney 
Criminal Division 
J Es c. DEVER In 
UNITED STATES DISTRICT JUDGE 
~~R~~ 
Defendant 
Attorney for the Defendant 
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Case 5:23-cr-00167-D     Document 34     Filed 11/29/23     Page 4 of 4

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