Court filing
Order of Forfeiture — U.S. v. Thacker
Filed October 5, 2022 in U.S. v. Thacker; one of 12 filings from this case.
Record facts
| Court | U.S. District Court, Eastern District of Tennessee |
|---|---|
| Filed | 2022-10-05 |
U.S. District Court, Eastern District of Tennessee · No. 1:22-cr-00054-CEA-CHS · Doc. 24 · 2022-10-05 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA UNITED STATES OF AMERICA v. GEORGE THACKER ) ) ) ) ) No. 1:22-CR-54 Judges Atchley/Steger ORDER OF FORFEITURE On April 14, 2022, an Information [Doc. 1] was filed in the above-referenced case, charging George Thacker, with wire fraud in violation of 18 U.S.C. § 1343 (Count One). In the forfeiture allegations of the Information, the United States sought forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) of the Defendant’s interest in any property, real or personal, constituting, or traceable to the proceeds of any violation of 18 U.S.C. § 1343. A Plea Agreement [Doc. 2] was filed on April 14, 2022. On April 21, 2022, the Defendant pled guilty to Count One, as charged in the Information and agreed to facts sufficient to support the plea, and forfeiture of property as listed in the Plea Agreement. Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), the Defendant agreed to a personal money judgment in the amount of $665,600, representing the minimum amount of proceeds the Defendant personally obtained as a result of the violations of 18 U.S.C. § 1343. Further, the United States has established the requisite nexus between the money judgment and the violations charged in Count One of the Information. Federal Rule of Criminal Procedure 32.2(c)(1) provides that “no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment.” Because no ancillary Case 1:22-cr-00054-CEA-CHS Document 24 Filed 10/06/22 Page 1 of 3 PageID #: 208 2 proceeding is required, it is appropriate to enter an order of forfeiture at this time, which will become final as to the Defendant at the time of sentencing. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that: 1. Based upon the conviction of the Defendant for offenses in violation of 18 U.S.C. § 1343, and pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), and Federal Rule of Criminal Procedure 32.2(b), the United States is entitled to: Money Judgment A personal money judgment in favor of the United States and against the Defendant, GEORGE THACKER in the amount of $665,600, representing the proceeds the Defendant personally obtained as a result of the Defendant’s violations of 18 U.S.C. § 1343. 2. In accordance with Federal Rules of Criminal Procedure 32.2(b)(4)(A) and (b)(4)(B), this Order of Forfeiture will become final as to the Defendant at the time of sentencing and will be made part of the sentence and included in the Judgment. 3. The United States may, at any time, move pursuant to Federal Rule of Criminal Procedure 32.2(e) to amend this Order of Forfeiture to substitute property having a value not to exceed $665,600 to satisfy the money judgment in whole or in part. 4. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e). Case 1:22-cr-00054-CEA-CHS Document 24 Filed 10/06/22 Page 2 of 3 PageID #: 209 3 5. The Clerk of this Court shall provide a certified copy of this Order to the United States Attorney’s Office. ENTER: CHARLES E. ATCHLEY, JR. United States District Judge Submitted by: FRANCIS M. HAMILTON III United States Attorney By: s/Kyle J. Wilson Kyle J. Wilson, TN BPR# 031844 Assistant United States Attorney 1110 Market Street, Suite 515 Chattanooga, Tennessee 37402 (423) 752-5140 Kyle.Wilson@usdoj.gov Case 1:22-cr-00054-CEA-CHS Document 24 Filed 10/06/22 Page 3 of 3 PageID #: 210
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