Order of Forfeiture — United States v. Diop McKenzie

Record facts

U.S. District Court, Middle District of Florida (Fort Myers Division) · No. 2:23-cr-00088-SPC-KCD · Doc. 77 · 2024-08-05 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
 
Case No. 2:23-cr-88-SPC-KCD 
 
DIOP MCKENZIE 
 
ORDER OF FORFEITURE 
 
 
Before the Court is the United States’ Motion for an Order of Forfeiture. 
(Doc. 75).  Now that the Defendant Diop McKenzie has been adjudicated guilty, 
the Government seeks an order of forfeiture in the amount of $117,832, which 
represents the amount McKenzie obtained as a result of the bank and wire 
fraud offenses charged in Counts One and Four of the Indictment, in violation 
of 18 U.S.C. §§ 1343 and 1344.  See 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(2)(A), 
28 U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b)(2).  In so moving, the 
Government has connected the $117,832 to the adjudicated offenses. 
Accordingly, it is 
ORDERED: 
The United States’ Motion for Order of Forfeiture (Doc. 75) is 
GRANTED.  This Order  shall be a final order of forfeiture as to the Defendant 
Diop McKenzie.  
 
The proceeds of the offense were transferred to third parties, and the 
United States cannot locate the proceeds upon the exercise of due diligence. 
Case 2:23-cr-00088-SPC-KCD   Document 77   Filed 08/05/24   Page 1 of 2 PageID 347

2 
Accordingly, under 21 U.S.C. § 853(p), the United States may seek, as a 
substitute asset in satisfaction of this judgment, forfeiture of any of the 
defendant’s property up to the $117,832 order of forfeiture. The United States 
may also conduct discovery (including depositions, interrogatories, requests for 
production of documents, and the issuance of subpoenas), pursuant to Rule 
32.2(b)(3) of the Federal Rules of Criminal Procedure, to help identify, locate, 
and forfeit substitute assets. The court retains jurisdiction to enter any order 
necessary to the forfeiture and disposition of any substitute asset. 
 
DONE and ORDERED in Fort Myers, Florida, on August 5, 2024. 
 
 
Copies:  All Parties of Record 
 
 
 
 
Case 2:23-cr-00088-SPC-KCD   Document 77   Filed 08/05/24   Page 2 of 2 PageID 348

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