Order of Forfeiture — No. 2:20-cr-00191 (Dkt. 48, W.D. Wash.)

Summary

Judge James L. Robart entered this order of forfeiture in CR20-191-JLR in the Western District of Washington, filed August 9, 2021. It forfeits $191,427.79 from Austin Hsu, the unrecovered proceeds of wire fraud that Hsu agreed to forfeit in the plea agreement. The sum is separate from restitution, but the government agreed to ask the Attorney General to apply collections to restitution and to credit restitution payments against the forfeited sum.

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Case 2:20-cr-00191-JLR Document 48 Filed 08/09/21 Page 1 of 3

Case 2:20-cr-00191-JLR Document 41-2 Filed 07/29/21 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

UNITED STATES OF AMERICA, NO. CR20-191-JLR

AUSTIN HSU,

Plaintiff, — (\ ME

ORDER OF FORFEITURE

Defendant.

THIS MATTER comes before the Court on the United States’ Motion for Entry of

a Preliminary Order of Forfeiture (“Motion”) seeking to forfeit, to the United States, the

Defendant Austin Hsu’s interest in the following property:

A sum of money in the amount of $191,427.79, reflecting the unrecovered
proceeds the defendant obtained from his commission of Wire Fraud. The
Defendant has acknowledged this sum of money is separate and distinct from the
restitution that is ordered in this case. The United States has agreed, however, that
it will request the Attorney General apply any amounts it collects toward
satisfaction of this forfeited sum to the restitution that is ordered. The United
States has also agreed that any amount the Defendant pays toward restitution will
be credited against this forfeited sum.

Order of Forfeiture - |

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220

United States v. Austin Hsu, CR20-191-JLR ale ; ov
SEATTLE, WASHINGTON 98101

(206) 553-7970

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Case 2:20-cr-00191-JLR Document 48 Filed 08/09/21 Page 2 of 3

Case 2:20-cr-00191-JLR Document 41-2 Filed 07/29/21 Page 2 of 3

The Court, having reviewed the United States’ Motion, as well as the other papers
and pleadings filed in this matter, hereby FINDS that entry of an Order of Forfeiture is
appropriate because:
© The proceeds of Wire Fraud, in violation of 18 U.S.C. § 1343, are
forfeitable pursuant to 18 U.S.C. § 981(a)(1)(C) by way of 28 U.S.C.
§ 2461 (c);

© In his plea agreement, the Defendant agreed to forfeit the above-identified
sum of money pursuant to 18 U.S.C. § 981(a)(1 \(C) by way of 28 U.S.C.
§ 2461(c), as it reflects the unrecovered proceeds the Defendant obtained
from his commission of Wire Fraud (Dkt. No. 34, 4 13):

e This sum of money is personal to the Defendant; pursuant to Federal Rule

of Criminal Procedure (“Fed. R. Crim. P.”) 32.2(c)(1), no third-party

ancillary process is required before forfeiting it.

NOW, THEREFORE, THE COURT ORDERS:

1) Pursuant to 18 U.S.C. § 981(a)(1)(C) by way of 28 U.S.C. § 2461(c), and
his plea agreement, the Defendant’s interest in the above-identified sum of money is fully
and finally forfeited, in its entirety, to the United States;

2) Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A)-(B), this Order will become
final as to the Defendant at the time he is sentenced; it will be made part of the sentence;
and, it will be included in the judgment;

3) No right, title, or interest in the identified sum of money exists in any party
other than the United States;

4) Pursuant to Fed. R. Crim. P. 32.2(e), in order to satisfy this sum of money,
in whole or in part, the United States may move to amend this Order, at any time, to

include substitute property having a value not to exceed the sum of money; and,

//

Order of Forfeiture - 2 UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220

United States y. Austin Hsu, CR20-191-JLR —— : ae
SEATTLE, WASHINGTON 98101
(206) 553-7970

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Case 2:20-cr-00191-JLR Document 48 Filed 08/09/21 Page 3 of 3

Case 2:20-cr-00191-JLR Document 41-2 Filed 07/29/21 Page 3 of 3

5) The Court will retain jurisdiction in this case for the purpose of enforcing

this Order, as necessary.

IT IS SO ORDERED

Hh
DATED this ¥ day of August, 2021.

Presented by:

S/Michelle Jensen

MICHELLE JENSEN

Assistant United States Attorney
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, WA 98101

(206) 553-2619

Michelle. Jensen@usdoj.gov

Order of Forfeiture - 3
United States v. Austin Hsu, CR20-191-JLR

( deeQak

THE HON] JAMES L. ROBART
UNITED STATES DISTRICT JUDGE

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

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