Preliminary Order of Forfeiture — United States of America v. Kurt Sieu Ly (Criminal No. 1:26-CR-00016, Document 40-1)

Summary

Preliminary Order of Forfeiture in United States v. Kurt Sieu Ly, Criminal No. 1:26-CR-00016, in the United States District Court for the Northern District of West Virginia (Document 40-1, filed 08/06/26). It orders the defendant, who has pled guilty to violating Title 18, United States Code, Section 1343, to forfeit proceeds in the amount of $197,766.00. It states that the grand jury returned an Indictment on March 3, 2026 and that the defendant pled guilty to Count One at the Rule 11 hearing on July 27, 2026. A footnote says the United States indicated that a different amount in the plea agreement was a typographical error and that the correct amount is $197,766.00. The order provides that additional property may be located and that the order becomes final regarding the defendant at sentencing.

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Case 1:26-cr-00016-TSK-MJA            Document 40-1        Filed 08/06/26      Page 1 of 3 PageID
                                            #: 92



                      IN THE UNITED STATES DISTRICT COURT
                  FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

UNITED STATES OF AMERICA,

                        Plaintiff,

v.                                                            Criminal No. 1:26-CR-00016

KURT SIEU LY,

                        Defendant.

                          PRELIMINARY ORDER OF FORFEITURE

        Pursuant to Title 18, United States Code, Sections 981(a)(1)(C), 1956(c)(7)(A), 1961(1),

and Title 28, United States Code, Section 2461(c), the Court having made the findings of fact and

conclusions of law enumerated below, it is hereby ORDERED that defendant, who has pled guilty

to violating Title 18, United States Code, Section 1343, forfeit to the United States the following

property, which is directly subject to forfeiture:

             •   Proceeds in the amount of $197,766.00 [CATS ID: 26-TOI-000001].

        1.       On March 3, 2026, the grand jury returned an Indictment alleging that the defendant

violated Title 18, United States Code, Section 1343. The Forfeiture Allegation in the Indictment

contains notice to the defendant that the government intends to forfeit property in this criminal

case.

        2.       Title 18, United States Code, Sections 981(a)(1)(C), 1956(c)(7)(A), 1961(1), and

Title 28, United States Code, Section 2461(c) mandate forfeiture of any property constituting, or

derived from, proceeds obtained directly or indirectly, as a result of a violation of Title 18, United

States Code, Section 1343.

        3.       On July 27, 2026, during the Rule 11 hearing, the defendant pled guilty to Count

One of the Indictment, alleging the defendant violated Title 18, United States Code, Section 1343.
Case 1:26-cr-00016-TSK-MJA              Document 40-1          Filed 08/06/26       Page 2 of 3 PageID
                                              #: 93



The plea agreement includes the defendant’s stipulation that the amount of proceeds of the offense

conduct underlying the conviction is $197,866.00. 1 The defendant further stipulated that substitute

property is subject to forfeiture, because, as a result of the defendant’s acts and omissions, all

property subject to direct forfeiture is unavailable for the reasons described in Title 21, United

States Code, Section 853(p)(1), subparagraphs (A)-(E).

        4.        The record made during the Rule 11 hearing established that the United States is

entitled to the entry of a judgement ordering the defendant to pay $197,766.00.

        5.        The Court will not be able to identify before sentencing all property subject to

forfeiture. The United States is authorized under Rule 32.2(b)(3) to conduct discovery under the

Federal Rules of Civil Procedure to locate additional property that may be forfeited under this

Order. When additional property is located, this Order will be amended under Rules 32.2(b)(2)(C)

and 32.2(e)(1).

        6.        Any forfeited property that is transferred to a victim by the Attorney General

pursuant to Title 18, United States Code, Section 982(b)(1) (incorporating Title 21, United States

Code, Section 853(i)(1)) shall be set off against the restitution order included in the judgment and

commitment order.

        This Order of Forfeiture shall become final regarding the defendant at the time of

sentencing, and will be made part of the sentence by incorporating this Order by reference in the

judgment. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary.

        SO ORDERED.

        DATED:_____________________

                                                          ______________________________
                                                          THOMAS S. KLEEH

1
  The United States indicated in its Motion that this amount was a typographical error. The correct amount is
$197,766.00.


                                                     2
Case 1:26-cr-00016-TSK-MJA   Document 40-1   Filed 08/06/26   Page 3 of 3 PageID
                                   #: 94



                                          UNITED STATES DISTRICT JUDGE




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