Application for Preliminary Order of Forfeiture — United States v. Mosley (N.D. Cal.)

Record facts

U.S. District Court, Northern District of California (Oakland Division) · No. 4:23-cr-00134-AMO · Doc. 128 · 2024-08-08 · Docket on CourtListener

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ISMAIL J. RAMSEY (CABN 189820) 
United States Attorney 
 
 
 
 
 
MARTHA BOERSCH (CABN 126569) 
Chief, Criminal Division 
 
 
DAVID B. COUNTRYMAN (CABN 226995) 
Assistant United States Attorney 
 
 
 
 
 
 
 
 
450 Golden Gate Avenue, Box 36055 
San Francisco, California 94102-3495 
Telephone: (415) 436-7303 
FAX: (415) 436-7234 
Email: david.countryman@usdoj.gov 
  
Attorneys for the United States of America  
 
 
UNITED STATES OF AMERICA 
NORTHERN DISTRICT OF CALIFORNIA 
OAKLAND DIVISION 
UNITED STATES OF AMERICA, 
Plaintiff, 
 
v. 
FRANK MOSLEY AND REGINALD 
MOSLEY, 
 
Defendants. 
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Case No. CR 23-0134 AMO 
APPLICATION OF THE UNITED STATES 
FOR PRELIMINARY ORDER OF 
FORFEITURE 
 
 
 
The United States of America, by and through the undersigned Assistant United States Attorney, 
respectfully submits this Application of the United States for Issuance of a Preliminary Order of 
Forfeiture.  The property subject to the proposed Preliminary Order of Forfeiture is property seized in 
the investigation, as follows (hereinafter “the subject property”): 
• $713.66 seized from a Wells Fargo account bearing an account number ending in 6953; 
• $286,355.95 in cash and securities seized from Fidelity Investments account bearing an 
account number ending in 3836. 
 
Case 4:23-cr-00134-AMO     Document 128     Filed 08/08/24     Page 1 of 6

 
 
 
APP. OF THE U.S. FOR A PRELIMINARY ORDER OF FORFEITURE 
CR 23-0134 AMO 
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Factual Background 
 
 
On May 3, 2023, defendants Frank Mosley, Reginald Mosley, and other defendants were 
charged by an Information with violation of Title 18, United States Code, Section 1349 (Conspiracy to 
Commit Bank Fraud) and Title 26, Untied States Code, Section 7206(2) (Aiding or Advising a False Tax 
Return).  The Information also sought criminal forfeiture, pursuant to Title 18, United States Code, 
Section 981(a)(1)(C) and (b)(1) and Title 28, United States Code, Section 2461(c) of any property, 
constituting or derived from any proceeds the defendant obtained, directly or indirectly to commit or to 
facilitate the commission of the offense.  Dkt. 1. 
 
 
On August 7, 2023, defendant Frank Mosley pled guilty pursuant to a plea agreement to Counts 
One and Two of the Information namely, conspiracy to commit bank fraud in violation of Title 18, 
United States Code, Section 1349 and aiding and advising the filing of false tax returns in violation of 
Title 26, United States Code, Section 7206(2).  Defendant Frank Mosley further agreed to abandon his 
interest in the subject property and agreed that the subject property is traceable to the offense to which 
defendant pled guilty.  Dkt. 34 ¶ 11. 
 
 
On October 5, 2023, defendant Reginald Mosley plead guilty pursuant to a plea agreement to 
Counts One and Two of the Information namely, conspiracy to commit bank fraud in violation of Title 
18, United States Code, Section 1349 and aiding and advising the filing of false tax returns in violation 
of Title 26, United States Code, Section 7206(2).  Defendant Reginald Mosley further agreed to abandon 
his interest in the subject property and agreed that the subject property is traceable to the offense to 
which defendant pled guilty.  Dkt. 44 ¶ 11. 
 
 
Both defendants were sentenced on May 6, 2024 and Amended Judgments were entered into the 
docket on May 29, 2024 and as part of the Amended Judgment, the Court ordered the forfeiture of the 
subject property. Dkts. 121 and 123. 
 
 
The accompanying proposed Preliminary Order of Forfeiture is requested to complete the 
forfeiture process. 
 
 
Basis for a Preliminary Order of Forfeiture 
 
 
Rule 32.2 of the Federal Rules of Criminal Procedure addresses criminal forfeiture procedure.  
Rule 32.2(b)(1)(A) provides that as soon as practicable after entering a guilty verdict or accepting a plea 
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APP. OF THE U.S. FOR A PRELIMINARY ORDER OF FORFEITURE 
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of guilty or nolo contendere on any count in an indictment or information with regard to which criminal 
forfeiture is sought, the court shall determine what property is subject to forfeiture under the applicable 
statute.  If forfeiture of specific property is sought, the court shall determine whether the government has 
established the requisite nexus between the property and the offense.  If the government seeks a personal 
money judgment against the defendant, the court shall determine the amount of money that the 
defendant will be ordered to pay.  
 
 
Rule 32.2(b)(1)(B) provides that the court's determination may be based on evidence already in 
the record, “including any written plea agreement[.]” If the forfeiture is not agreed to but rather 
contested, the court may determine the nexus of the specific property to the offense based on evidence or 
information before the Court or presented by the parties at a hearing after the verdict or finding of guilt. 
 
 
Rule 32.2(b)(2) states that if the court finds that property is subject to forfeiture, it shall enter a 
preliminary order of forfeiture setting forth the amount of any money judgment or directing the 
forfeiture of the specific property without regard to any third party's interest in all or part of it.  As to the 
interest of third parties, the rule provides that, “Determining whether a third party has such an interest 
must be deferred until any third party files a claim in the subsequent ancillary proceeding under Rule 
32.2(c).”  The ancillary proceeding can be completed once the preliminary order of forfeiture becomes 
final as to the defendant, upon the court announcing such at sentencing and including it in the judgment, 
per Rule 32.2(b)(4).    
 
Rule 32.2(b)(3) provides that the entry of a preliminary order of forfeiture authorizes the 
Attorney General (or a designee) to seize the specific property subject to forfeiture; to conduct any 
discovery the court considers proper in identifying, locating, or disposing of the property; and to 
commence proceedings that comply with any statute governing third-party rights.  The court may 
include in the order of forfeiture any conditions reasonably necessary to preserve the property's value 
pending any appeal.   
 
Rule 32.2(b)(4) further provides that at sentencing, or at any time before sentencing if the 
defendant consents, the order of forfeiture becomes final as to the defendant and shall be made part of 
the sentence and must be included in the judgment.  
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APP. OF THE U.S. FOR A PRELIMINARY ORDER OF FORFEITURE 
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The United States has established the sufficient requisite nexus between the subject property and 
the offense. Both defendants Frank Mosley and Reginald Mosley, pled guilty to Counts One and Two of 
the Information agreed to the abandonment/forfeiture of the subject property pursuant to Title 18, United 
States Code, Section 981(a)(1)(C) and the procedures outlined in Rule 32.2 of the Federal Rules of 
Criminal Procedure and Title 21, United States Code, Section 853. 
 
Procedure Following Issuance of Preliminary Order of Forfeiture 
 
 
Upon the issuance of a Preliminary Order of Forfeiture and pursuant to Title 21, United States 
Code, Section 853(n), and Rule G(4)(a)(iv) of the Supplemental Rules for admiralty or Maritime Claims 
and Asset Forfeiture Actions, the United States will publish on www.forfeiture.gov, a government 
website for at least thirty days, notice of this Order, notice of its intent to dispose of the property in such 
manner as the Attorney General may direct, and notice that any person, other than the defendant, having 
or claiming a legal interest in the property must file a petition with the Court and serve a copy David B. 
Countryman, Assistant United States Attorney, 450 Golden Gate Avenue, Box 36055, San Francisco, 
CA 94102, within thirty (30) days of the final publication of notice or of receipt of actual notice, 
whichever is earlier. This notice shall state that the petition shall be for a hearing to adjudicate the 
validity of the petitioner's alleged interest in the property, shall be signed by the petitioner under penalty 
of perjury, shall set forth the nature and extent of the petitioner's right, title or interest in the forfeited 
property, and any additional facts supporting the petitioner's claim and the relief sought. The United 
States may also, to the extent practicable, provide direct written notice to any person known to have 
alleged an interest in the property that is the subject of the Preliminary Order of Forfeiture, as a 
substitute for published notice as to those persons so notified. 
 
 
Request for Preliminary Order of Forfeiture 
 
 
The United States therefore moves this Court to enter the accompanying proposed Preliminary 
Order of Forfeiture which provides for the following: 
 
 
 
 
a. authorizes the forfeiture of the subject property to the United States; 
 
 
b. directs the United States, through its appropriate agency, to seize the forfeited property 
forthwith; 
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c. authorizes the government to conduct discovery in order to identify, locate, or dispose of 
property subject to forfeiture in accordance with Rule 32.2(b)(3) of the Federal Rules of Criminal 
Procedure; 
 
 
d. directs the United States to publish on a government website for at least thirty days, notice of 
this Order, notice of the government’s intent to dispose of the property in such manner as the Attorney 
General may direct and provide notice that any person, other than the defendant, having or claiming a 
legal interest in the subject property must file a petition with the Court and serve a copy on government 
counsel within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever 
is earlier; and 
 
 
e.    the Court retains jurisdiction to enforce the Preliminary Order of Forfeiture, and to amend it 
as necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e).  
 
Dated: 08/07/2024 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 
 
 
ISMAIL J. RAMSEY 
 
 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
                 /S/                      
 
 
 
 
 
 
 
 
 
 
 
DAVID B. COUNTRYMAN  
 
 
 
 
 
 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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CERTIFICATE OF SERVICE 
 
 
 
 
 
The undersigned hereby certifies that she is an employee in the Office of the United States  
 
Attorney for the Northern District of California and is a person of such age and discretion to be  
 
competent to serve papers.  The undersigned further certifies that she caused a copy of the following  
 
documents: 
 
 
• 
APPLICATION FOR A PRELIMINARY ORDER OF FORFEITURE; 
 
 
• 
[PROPOSED] PRELIMINARY ORDER OF FORFEITURE 
 
to be served this date by CM/ECF Electronic Case Filing Notification upon the person below at the  
 
place and address which is the last known address: 
 
William John Portanova 
400 Capitol Mall, Suite 1100 
Sacramento, CA 95814 
Attorney for Reginald Mosley 
Malcolm S. Segal 
500 Capitol Mall, Suite 600 
Sacramento, CA 95814 
Attorney for Frank Mosley 
 
 
I declare under penalty of perjury under the laws of the United States of America that the 
foregoing is true and correct to the best of my knowledge. 
 
 
Executed this  8th day of August, 2024 at San Francisco, California.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
______/S/____________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CAROLYN JUSAY 
 
 
 
FSA Paralegal 
 
 
 
Asset Forfeiture Unit 
 
Case 4:23-cr-00134-AMO     Document 128     Filed 08/08/24     Page 6 of 6

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