Preliminary Order of Forfeiture — United States v. James (Dkt. 29, E.D.N.C.)

Summary

Chief Judge Richard E. Myers II entered this preliminary order of forfeiture in Case No. 5:24-CR-00132-M in the Eastern District of North Carolina, filed May 8, 2025. Loretta Clarice James pleaded guilty under a written plea agreement to Count One of the criminal information, a violation of 18 U.S.C. § 1349. The order imposes a forfeiture money judgment of $387,688.87, the gross proceeds James personally obtained, and lets the government seek substitute assets because the proceeds were made unavailable. Because no specific property is forfeited, the government need not publish notice.

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IN THE UNITED STATES DISTRICT COURT
              FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                           WESTERN DIVISION

                                 NO. 5:24-CR-00132-M

UNITED STATES OF AMERICA

             V.                                  PRELIMINARY ORDER
                                                 OF FORFEITURE
LORETTA CLARICE JAMES

      WHEREAS, the above-named defendant has pleaded guilty pursuant to a

written memorandum of plea agreement to Count One of the Criminal Information,

charging the defendant with offenses in violation of 18 U.S.C § 1349;

      AND WHEREAS, the government has filed a motion for entry of a Preliminary

Order of Forfeiture, showing unto the Court: that the defendant personally obtained

at least $387,688.87 in proceeds from the offense, and 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);

      NOW, THEREFORE, based upon the defendant's guilty plea, the points and

authorities in the government's motion, 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,

      IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:



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      Case 5:24-cr-00132-M       Document 29       Filed 05/08/25     Page 1 of 3

      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. § 982(a)(2)(A):

             Forfeiture Money Judgment:

             a) A sum of money in the amount of $387,688.87, 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

judgment against the defendant, 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 to forfeit other property in which the defendant

has an interest, whether directly forfeitable or substitute assets, to satisfy this


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     Case 5:24-cr-00132-M       Document 29       Filed 05/08/25    Page 2 of 3

forfeiture money judgment in whole or in part; provided that the net proceeds of any

subsequently 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 of Forfeiture

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), this Order shall

become final as to the defendant at sentencing.

      5.    The Court shall retain jurisdiction to enforce this Order, and to amend

it as necessary, pursuant to Fe*     Crim. P. 32.2(e).

      SO ORDERED, this the _jJ_ day of May, 2025.




                                   RICHARD E. MYERS II
                                   CHIEF UNITED STATES DISTRICT JUDGE




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