Court filing
Final Order of Forfeiture — U.S. v. Shibley
Filed September 30, 2022 in U.S. v. Shibley; one of 10 filings from this case.
Record facts
| Court | U.S. District Court for the Western District of Washington (Seattle) |
|---|---|
| Filed | 2022-09-30 |
U.S. District Court for the Western District of Washington (Seattle) · No. 2:20-cr-00174-JCC · Doc. 183 · 2022-09-30 · Docket on CourtListener
Full text
Final Order of Forfeiture - 1
United States v. Shibley, CR20-174-JCC
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
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The Hon. John C. Coughenour
UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA,
Plaintiff,
v.
ERIC SHIBLEY,
Defendant.
No. CR20-174-JCC
[PROPOSED]
FINAL ORDER OF FORFEITURE
THIS MATTER comes before the Court on the United States’ Motion for a Final
Order of Forfeiture for the following property (collectively, the “Subject Property”):
1. $49,500.86 in U.S. funds, seized on or about May 29, 2020, from Navy Federal
Credit Union account #******7528, held in the name of Eric R. Shibley MD PLLC;
2. $100,000.00 in U.S. funds, seized on or about May 29, 2020, from Wells
Fargo account #******2378, held in the name of ES1 LLC;
3. $804,816.63 in U.S. funds, seized on or about May 27, 2020, from Wells
Fargo account #******3536, held in the name of The A Team Holdings LLC;
4. $114,440.00 in U.S. funds, seized on or about June 30, 2020, from Verity
Credit Union account #***5390, held in the name of Dituri Construction LLC; and
5. $114,743.59 in U.S. funds, seized on or about June 30, 2020, from Verity
Credit Union account #***5320, held in the name of SS1 LLC.
Case 2:20-cr-00174-JCC Document 183 Filed 09/30/22 Page 1 of 5
Final Order of Forfeiture - 2
United States v. Shibley, CR20-174-JCC
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
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The Court, having reviewed the United States’ motion, as well as the other
pleadings and papers filed in this matter, HEREBY FINDS that entry of a Final Order of
Forfeiture is appropriate for the following reasons:
1. On November 18, 2021, Defendant Shibley was convicted of Wire Fraud, in
violation of 18 U.S.C. §§ 1343 and 2; Bank Fraud, in violation of 18 U.S.C.
§§ 1344(2) and 2; and Money Laundering, in violation of 18 U.S.C. §§
1957 and 2. The evidence at trial established that the Subject Property was
forfeitable, pursuant to 18 U.S.C. § 981(a)(1)(C), by way of 28 U.S.C.
§ 2461(c), and 18 U.S.C. § 982(a)(1) – (2), as property that constitutes or is
traceable to proceeds of the Wire Fraud and Bank Fraud schemes or
property that was involved in the Money Laundering offenses. Dkt. Nos.
140, 144.
2. On December 17, 2021, the United States filed its Motion for Entry of a
Combined Preliminary Order of Forfeiture and Order of Forfeiture (the
“Combined Motion”). Dkt. No. 140. In the Combined Motion, the
United States moved for a preliminary order of forfeiture as to the Subject
Property, and a final order of forfeiture as to a sum of money in the amount
of $254,199, reflecting the unrecovered proceeds of Defendant’s fraud
schemes. Id. One of the entities that Defendant used to submit false and
fraudulent PPP and EIDL applications as part of his scheme to defraud
COVID-19 relief programs — ES1 LLC — attempted to intervene in the
criminal case regarding the $100,000, discussed above; the United States
opposed ES1 LLC’s attempt. Dkt. Nos. 142 - 143.
3. On January 21, 2022, the Court granted the Combined Motion and entered an
Order (the “Order”), finding the Subject Property forfeitable pursuant to 18
U.S.C. § 981(a)(1)(C), by way of 28 U.S.C. § 2461(c), and 18 U.S.C.
§ 982(a)(1) – (2), and forfeiting the Defendant’s interest in it. Dkt. No. 144.
The Court overruled ES1 LLC’s objection to the preliminary forfeiture of
Case 2:20-cr-00174-JCC Document 183 Filed 09/30/22 Page 2 of 5
Final Order of Forfeiture - 3
United States v. Shibley, CR20-174-JCC
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
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the $100,000. Id. The Court also granted the United States’ request for the
forfeiture of a sum of money reflecting the unrecovered proceeds of the
Defendant’s fraud schemes. Id. The forfeiture of the sum of money is
personal to the Defendant and is not at issue in the United States’ Motion
for Final Order of Forfeiture of the above-identified property. Id.
4. On March 8, 2022, the Court sentenced Defendant to 48-months of
imprisonment, to be followed by three years of supervised release. Dkt.
Nos. 151 – 152, 150. The Court ordered Defendant to pay restitution of
$1,438,000.00 to his victims and ordered the forfeiture of Defendant’s
interest in the Subject Property and the sum of money, as previously held in
the Order. Dkt. Nos. 152, 159.
5. The Defendant appealed his conviction and sentence to the Ninth Circuit Court
of Appeals. Dkt. No 155.
6. On June 10, 2022, Defendant filed a Motion for Clarification of Restitution
Credit for Forfeited Funds or for Indicative Ruling, requesting the Court
authorize credit against his restitution order for forfeited property (the
“Motion”). Dkt. No. 170. After considering the opposition of the United
States and the Defendant’s Reply, Dkt. Nos. 173 – 174, the Court held that
it lacked jurisdiction to adjudicate the Motion due to the Defendant’s
pending appeal of his conviction and sentence. Dkt. No. 175. The Court
also issued an indicative ruling that if the Ninth Circuit were to remand the
matter to the Court, then the Court would deny the Motion to credit the
forfeited funds toward the restitution order. Id. The Defendant also
appealed this Order. Dkt. No. 176.
7. The United States published notice of the pending forfeiture, as instructed by
the Court and required by 21 U.S.C. § 853(n)(1) and Federal Rule of
Criminal Procedure (“Fed. R. Crim. P.”) 32.2(b)(6)(C). Dkt. No. 147. The
United States also sent notice of the pending forfeiture directly to six
Case 2:20-cr-00174-JCC Document 183 Filed 09/30/22 Page 3 of 5
Final Order of Forfeiture - 4
United States v. Shibley, CR20-174-JCC
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
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John C. Coughenour
UNITED STATES DISTRICT JUDGE
identified potential claimants – one individual and five businesses
associated with Defendant – at their last known addresses and, where
applicable, by sending notice to counsel. Declaration of Assistant U.S.
Attorney Krista K. Bush in Support of Motion for Final Order of Forfeiture,
¶ 2, Exhibits A, B, C, D, E, & F;
8. The time for filing third-party petitions has expired and none were filed;
9. Neither the Defendant nor the United States have sought to stay enforcement of
the sentence.
NOW, THEREFORE, THE COURT ORDERS:
1.
No right, title, or interest in the Subject Property exists in any party other
than the United States;
2.
The Subject Property is fully and finally condemned and forfeited, in its
entirety, to the United States; and
3.
The United States Department of Justice, and/or their representatives, are
authorized to dispose of the Subject Property in accordance with the law.
IT IS SO ORDERED.
DATED this 30th day of September 2022.
A
Case 2:20-cr-00174-JCC Document 183 Filed 09/30/22 Page 4 of 5
Final Order of Forfeiture - 5
United States v. Shibley, CR20-174-JCC
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
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Presented by:
s/Krista K. Bush
KRISTA K. BUSH
Assistant United States Attorney
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, WA 98101
(206) 553-2242
Krista.Bush@usdoj.gov
Case 2:20-cr-00174-JCC Document 183 Filed 09/30/22 Page 5 of 5File and source
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