Preliminary Order of Forfeiture — United States v. Chapon (Dkt. 120, D. Nev.)

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A Preliminary Order of Forfeiture in United States of America v. Karen Chapon, aka Karen Hannafious, No. 2:20-CR-286-JCM-NJK, in the U.S. District Court for the District of Nevada, stamped filed Aug 28, 2023. The court finds that the defendant pled guilty to Count Four of a Seven-Count Criminal Indictment charging bank fraud under 18 U.S.C. § 1344(2). It finds that she agreed to the forfeiture of property and an in personam criminal forfeiture money judgment set forth in the plea agreement, and that the government has shown the required nexus under Fed. R. Crim. P. 32.2(b)(1) and (b)(2). The order provides for notice and directs the Clerk to send copies to counsel.

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Case 2:20-¢r-00286-JIEM-NIK Document 120 Filed 08/28/23 Page 1 of 4

                                                      ——_— FILED       ____ RECEIVED
                                                      —_— ENTERED      _——_ SERVED ON
                                                                  COUNSEL/PARTIES OF RECORD

                                                               AUG 28 2023

                                                            CLERK US DISTRICT COURT
                                                              DISTRICT OF NEVADA
                                                      BY:                     DEPUTY
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                           UNITED STATES DISTRICT COURT
                                  DISTRICT OF NEVADA

     UNITED STATES OF AMERICA,                  2:20-CR-286-JCM-NJK.

                  Plaintiff,                    Preliminary Order of Forfeiture

           Vv.

     KAREN CHAPON,
           aka “Karen Hannafious,”

                 Defendant.

           This Court finds Karen Chapon, aka “Karen Hannafious,” pled guilty to Count Four

     of a Seven-Count Criminal Indictment charging her with bank fraud in violation of 18

     U.S.C. § 1344(2). Criminal Indictment, ECF No. 22; Change of Plea, ECF Noi Ly. Plea

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     Agreement, ECF No. (14

           This Court finds Karen Chapon, aka “Karen Hannafious,” agreed to the forfeiture of

     the property and the imposition of the in personam criminal forfeiture money judgment set

     forth in the Plea Agreement and Forfeiture Allegation One of the Criminal Indictment.

     Criminal Indictment, ECF No. 22; Change of Plea, ECF No! Ve Plea Agreement, ECF No.

    4.

DB Bb KH Sw DH BD PD DD Dow eee ae   This Court finds, under Fed. R. Crim. P. 32.2(b)(1) and (b)(2), the United States of

    America has shown the requisite nexus between property set forth in the Plea Agreement

    and Forfeiture Allegation One of the Criminal Indictment and the offense to which Karen

    Chapon, aka “Karen Hannafious,” pled guilty.

           The following property and money judgment are (1) any property, real or personal,

    which constitutes or is derived from proceeds traceable to a violation of 18 U.S.C. § 1344(2),

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Case 2:20-cr-00286-JCWHNIK Document 120 Filed 08/28/23 Page 2 of 4

or a conspiracy to commit such offense; (2) any property, real or personal, which constitutes
or is derived from proceeds traceable to a violation of 18 U.S.C. § 1344(2), a specified
unlawful activity as defined in 18 U.S.C §§ 1956(c)(7)(A) and 1961(1)(B), or a conspiracy to
commit such offense; and (3) any property constituting, or derived from, proceeds obtained
directly or indirectly, as the result of violations of 18 U.S.C. § 1344(2), or a conspiracy to
violate such offense, affecting a financial institution and are subject to forfeiture under 18
ULS.C, § 981 (a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. § 982(a)(2)(A); and 21 U.S.C. §
853(p):

1. $504,385.19; and

2. Cash in lieu of a gray 2018 Mercedes Benz G63 AMG sports utility vehicle

with vehicle identification number (VIN) WDCYC7DH6JX291626

(all of which constitutes property)

and an in personam criminal forfeiture money judgment of $596,931, and that the
net equity of 2018 Mercedes after storage fees, costs, and expenses will be applied toward
the payment of the money judgment under Ninth Circuit cases, forfeiture statutes, and Fed.
R. Crim. P. 32.2(b)(2)(A).

This Court finds that on the government’s motion, the Court may at any time enter
an order of forfeiture or amend an existing order of forfeiture to include subsequently
located property or substitute property under Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).

The in personam criminal forfeiture money judgment complies with United States v.
Lo, 839 F.3d 777 (9th Cir. 2016); Honeycutt v. United States, 581 U.S, 443 (2017); United States
v. Thompson, 990 F.3d 680 (9th Cir. 2021); and United States v. Prasad, 18 F.4th 313 (9th Cir.
2021),

This Court finds the United States of America is now entitled to, and should, reduce
the aforementioned property to the possession of the United States of America.

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the United States of America should seize the aforementioned property.
///


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Case 220-0r00286-JOWHNIK Doouwment 120 Ried 08/28/23 Page 3 of 4

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United
States of America recover from Karen Chapon, aka “Karen Hannafious,” an in personam
criminal forfeiture money judgment of $596,931,

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all possessory
rights, ownership rights, and all rights, titles, and interests of Karen Chapon, aka ‘Karen
Hannafious,” in the aforementioned property are forfeited and are vested in the United
States of America and shall be safely held by the United States of America until further
order of the Court.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States
of America shall publish for at least thirty (30) consecutive days on the official internet
government forfeiture website, www.forfeiture.gov, notice of this Order, which shall
describe the forfeited property, state the times under the applicable statute when a petition
contesting the forfeiture must be filed, and state the name and contact information for the
government attorney to be served with the petition, under Fed. R. Crim. P. 32.2(b)(6).
Notice is served on any individual or entity on the date when it is placed in the mail,
delivered to a commercial carrier, or sent by electronic mail under Fed. R. Crim. P.
32.2(b)(6)(D) and Supplemental Rule G4(b)(i) and (iv).

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any individual
or entity who claims an interest in the forfeited property must file a petition for a hearing to
adjudicate the validity of the petitioner’s alleged interest in the property under 21 U.S.C. §
853(n)(2), which petition shall be signed by the petitioner under penalty of perjury under 21
U.S.C § 853(n)(3) and 28 U.S.C. § 1746, and shall set forth the nature and extent of the
petitioner's right, title, or interest in the 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 claim, and the relief sought.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a petition, if any,
must be filed with the Clerk of the Court, 333 Las Vegas Boulevard South, Las Vegas,

Nevada 89101, no later than thirty (30) days after the notice is sent or, if direct notice was
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Case 2 20-orO00286-JOWHNIK Document 120 Filed 08/28/23 Page 4 of 4

not sent, no later than sixty (60) days after the first day of the publication on the official
internet government forfeiture site, www.forfeiture.gov, whichever is earlier.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a copy of the
petition, if any, shall be served upon the Asset Forfeiture Attorney of the United States

Attorney’s Office at the following address at the time of filing:

Daniel D. Hollingsworth

Assistant United States Attorney

Misty L. Dante

Assistant United States Attorney

501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the notice
described herein need not be published in the event a Declaration of Forfeiture is issued by
the appropriate agency following publication of notice of seizure and intent to
administratively forfeit the above-described property.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send
copies of this Order to all counsel of record and three certified copies to the United States

Attorney’s Office, Attention Asset Forfeiture Unit.

DATED . 168 , 2023.
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AMES-C. MAHAN

UNITED|STATES DISTRICT JUDGE

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