Preliminary Order of Forfeiture — United States v. Bain (Dkt. 38, S.D. Fla.)

Summary

A preliminary order of forfeiture in United States v. Yashica Sherea Bain, Case No. 21-cr-60200, in the U.S. District Court for the Southern District of Florida, entered December 1, 2021 as Document 38. It recites that under her plea agreement Bain agreed to a forfeiture money judgment of $415,232.00, and that her factual proffer states she caused the submission of a PPP loan for her company, Microblading Brow Studio, which a bank funded by a wire of $415,232.00. It grants the motion and enters the money judgment under 18 U.S.C. § 982(a)(2)(A) and Rule 32.2.

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Case 0:21-cr-60200-DMM Document 38 Entered on FLSD Docket 12/01/2021 Page 1 of 3




                                UNITED STATES DISTRICT COURT
                                SOUTHERN DISTRICT OF FLORIDA

                             CASE NO. 21-CR-60200-MIDDLEBROOKS


     UNITED STATES OF AMERICA

     v.

     YASHICA SHEREA BAIN,

                    Defendant.


                             PRELIMINARY ORDER OF FORFEITURE

           THIS MATTER is before the Court upon motion of the United States of America (the

   "United States") for entry of a Preliminary Order of Forfeiture ("Motion") against Defendant

   Yashica Sherea Bain (the "Defendant"). The Court has considered the Motion, is otherwise

   advised in the premises, and finds as follows:

           On July 19, 2021, the United States filed an Information charging the Defendant with

   conspiracy to commit wire fraud in violation of 18 U.S.C. § 371. Information, ECF No. 17. The

   Information also contained forfeiture allegations, which alleged that upon conviction of a violation

   of 18 U.S.C. § 371, the Defendant shall forfeit any proceeds the defendant obtained, directly or

    indirectly, as the result of such violation pursuant to 18 U.S.C. § 982(a)(2)(A). See id. at 6-7.

           On September 30, 2021, the Court accepted the Defendant's guilty plea to the Information.

   See Minute Entry, ECF No. 28; Plea Agreement ,r 1, ECF No. 29. In her Plea Agreement, the

   Defendant agreed to the entry of a forfeiture money judgment against her in the amount of

   $415,232.00. Plea Agreement ,r 16, ECF No. 29.

           In support of the guilty plea, the Defendant executed a Factual Proffer, and the Court found

   that there was a factual basis to support the Defendant's conviction. See Factual Proffer, ECF No.

Case 0:21-cr-60200-DMM Document 38 Entered on FLSD Docket 12/01/2021 Page 2 of 3




    30. The Factual Proffer also provided a basis for the forfeiture of property. See id. at 3.

           As described in the Defendant's Factual Proffer, from on or about May 22, 2020, though

    on or about least August 14, 2020, the Defendant knowingly and willfully conspired with James

    State, Keyaira Bostic, and others to submit and cause the submission of millions of dollars' worth

    of fraudulent Paycheck Protection Program ("PPP") loans. Factual Proffer at 1, ECF No. 30. The

    Defendant caused the submission of a PPP loan on behalf of her company, Microblading Brow

    Studio, LLC ("MBS"), that the Defendant knew contained materially false information. Id. At 2.

    As a result of the knowingly and willfully false representations made by the Defendant and James

    State in the loan documents, Bank Processor 1 approved the MBS loan, which Bank 1 funded by

    making an electronic wire transfer in the amount of $415,232.00 to the MBS bank account. Id. at

    3.

           Based on the record in this case, the total value of the proceeds traceable to the ,offense of

    conviction is $415,232.00, which sum may be sought as a forfeiture money judgment pursuant to

   Rule 32.2 of the Federal Rules of Criminal Procedure.

           Accordingly, based on the foregoing, the evidence in the record, and for good cause shown,

   the Motion is GRANTED, and it is hereby ORDERED that:

           1.      Pursuant to 18 U.S.C. § 982(a)(2)(A) and Rule 32.2 of the Federal Rules of

    Criminal Procedure, a forfeiture money judgment in the amount of $415,232.00 is hereby entered

    against the Defendant.

           2.      The United States is authorized to conduct any discovery that might be necessary

   to identify, locate, or dispose of forfeited property, and to resolve any third-party petition, pursuant

   to Rule 32.2(b)(3), (c)(l)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m).

           3.      Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order




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Case 0:21-cr-60200-DMM Document 38 Entered on FLSD Docket 12/01/2021 Page 3 of 3




    is final as to the Defendant.

           4.      The Court shall retain jurisdiction in this matter for the purpose of enforcing this

   Order, and pursuant to Rule 32.2(e )(1) of the Federal Rules of Criminal Procedure, shall amend

   this Order, or enter other orders as necessary, to forfeit additional specific property when

   identified.

           DONE AND ORDERED in Fort Lauderdale, Florida, this              .
                                                                               51- day of Decunbe:r-

   - - -2021.
                                                                  /,/


                                                          Q t\LD M. MIDDLEBROOKS
                                                         UNITED STATES DISTRICT JUDGE




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