Government's Motion for Order of Forfeiture — United States v. Cage (E.D. Pa.)
- Issuer
- U.S. District Court for the Eastern District of Pennsylvania
- Document type
- Information
- Date
- 2023-07-06
- Case
- United States v. Cage
- Case number
- 2:22-cr-00039
Summary
The government's motion for order of forfeiture in United States v. Takandryia Latrice Cage, Case 2:22-cr-00039-JMG, filed July 6, 2023 as Document 20 in the U.S. District Court for the Eastern District of Pennsylvania. The motion states that the defendant was charged in an Information with conspiracy to commit mail fraud, bank fraud and wire fraud under 18 U.S.C. §§ 1349, 1344, and 1343, and pleaded guilty to Counts One through Five on February 22, 2022. The government asks the court to enter a forfeiture money judgment of $139,704.00 under 18 U.S.C. § 982(a)(2), and to authorize forfeiture of substitute assets under 21 U.S.C. § 853(p). The 9-page filing attaches a proposed Order of Forfeiture for Judge John M. Gallagher and a certificate of service.
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Full text
Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 1 of 9
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA :
v. : CRIMINAL NO. 22-CR-39
TAKANDRYIA LATRICE CAGE :
GOVERNMENT’S MOTION FOR ORDER OF FORFEITURE
The United States of America, by and through its attorneys, Jacqueline C.
Romero, United States Attorney for the Eastern District of Pennsylvania, Sarah L. Grieb,
Assistant United States Attorney, Chief, Asset Recovery and Financial Litigation Unit, and
Tiwana L. Wright, Assistant United States Attorney, respectfully requests entry of a Judgment
and Preliminary Order of Forfeiture, and, in support of this motion, the United States represents
as follows:
1. On February 9, 2022, Takandryia Latrice Cage was charged in an
Information with violating 18 U.S.C. § 1349, conspiracy to commit mail fraud (Count One); 18
U.S.C. § 1344, bank fraud (Count Two); and 18 U.S.C. § 1343, wire fraud (Counts Three
through Five).
2. The Information also contained a Notice of Forfeiture. The Notice of
Forfeiture alleged that certain property was forfeitable, pursuant to 18 U.S.C. § 982(a)(2), as a
result of her violations of 18 U.S.C. §§ 1349, 1344, and 1343 (Counts One through Five). The
Notice of Forfeiture also provided notice that, in the event such property cannot be located, the
government would seek to recover substitute assets pursuant to 21 U.S.C. § 853(p).
Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 2 of 9
3. On February 8, 2022, the defendant entered into a Guilty Plea Agreement,
whereby she agreed, inter alia, to plead guilty to Counts One through Five of the Information.
The defendant further agreed not to contest forfeiture as set forth in the Notice of Forfeiture.
4. The defendant has also agreed, pursuant to Fed. R. Crim. P. 32.2(b)(4),
that this Order of Forfeiture shall become final as to the defendant prior to her sentencing.
5. On February 22, 2022, the defendant pleaded guilty to Counts One
through Five of the Information, pursuant to the Guilty Plea Agreement.
6. As a result of her guilty plea, the defendant is required, pursuant to 18
U.S.C. § 982(a)(2), to forfeit criminally any property constituting, or derived from, proceeds
obtained directly or indirectly as a result of the violations charged in Counts One through Five of
the Information.
7. Based upon the facts set forth at the defendant’s plea hearing, as well as
those set forth in the Government’s Plea Memorandum, and in the record as a whole, the
government avers that the sum of $139,704.00 in United States currency is subject to forfeiture
as a result of the defendant’s guilty plea to Counts One through Five of the Information, and that
the government has established the requisite nexus between such property and the offenses. This
amount represents the value of proceeds that the defendant obtained as a result of the defendant’s
commission of conspiracy to commit mail fraud, bank fraud, and wire fraud, in violation of 18
U.S.C. §§ 1349, 1344, and 1343, as charged in Counts One through Five of the Information. See
Honeycutt v. United States, 137 S. Ct. 1626 (2017) (a defendant must forfeit the property that he
himself acquired from the offense giving rise to the forfeiture); United States v. Gjeli, 867 F.3d
418, 426-27 (3d Cir. 2017) (applying Honeycutt to forfeitures of proceeds under 18 U.S.C. §
1963 and 18 U.S.C. § 981(a)(1)(C)); United States v. Brown, 694 Fed. App’x 57, 2017 WL
-2-
Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 3 of 9
3404979 (3d Cir. Aug. 9, 2017) (applying Honeycutt to forfeitures of proceeds under 18 U.S.C.
§ 982(a)(2)); United States v. Vampire Nation, 451 F.3d 189, 202 (3d Cir. 2006) (an in personam
forfeiture money judgment may be entered against the defendant for the full amount of the
criminal proceeds); Fed. R. Crim. P. 32.2(b)(1) (where the government seeks an order of
forfeiture for criminal proceeds, the court must determine the amount of money that the
defendant will be ordered to pay).
8. The government, therefore, requests that this Court enter, against the
defendant, a forfeiture money judgment in the amount of $139,704.00.
9. Due to the defendant’s acts or omissions, the $139,704.00 in proceeds are
not currently available to the government for forfeiture, and the government is entitled to the
forfeiture of substitute assets because one or more of the conditions in 21 U.S.C. § 853(p) have
been met. Based on the facts set forth at the defendant’s plea hearing, as well as those set forth
in the government’s Plea Memorandum and in the record as a whole, the proceeds cannot be
located upon the exercise of due diligence, the proceeds have been transferred to, sold to, or
deposited with third parties, the proceeds have been placed beyond the jurisdiction of the court,
the proceeds have been substantially diminished in value, and/or the proceeds have been
commingled with other property which cannot be divided without difficulty. Accordingly,
pursuant to 21 U.S.C. § 853(p) and Fed. R. Crim. P. 32.2(e)(1)(B), the government is authorized
to seek forfeiture of substitute assets of the defendant up to the amount of $139,704.00.
10. Pursuant to Fed. R. Crim. P. 32.2(b)(1)(A), “[a]s soon as practical after a
verdict or finding or guilty, or after a plea of guilty or nolo contender is accepted … the court
must determine what property is subject to forfeiture under the applicable statute.” Fed. R. Crim.
P. 32.2(b)(1)(A). When the government seeks forfeiture of specific property, “the court must
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Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 4 of 9
determine whether the government has established the requisite nexus between the property and
the offense;” when the government seeks a forfeiture money judgement, “the court must
determine the amount of the money that the defendant will be ordered to pay”. Id. The Court’s
determination may be based on “evidence already in the record … and on any additional
evidence or Indictment submitted by the parties and accepted by the court as relevant and
reliable.” Fed. R. Crim. P. 32.2(b)(1)(B). “Unless doing so is impractical, the court must enter
the preliminary order sufficiently in advance of sentencing to allow the parties to suggest
revisions or modifications before the order becomes final as to the defendant under Rule
32.2(b)(4).” Fed. R. Crim. P. 32.2(b)(2)(B). The preliminary order of forfeiture becomes final
as to the defendant at sentencing, or earlier if the defendant consents. Fed. R. Crim. P.
32.2(b)(4)(A).
11. Pursuant to Rule 32.2(b)(2)(B), for the reasons stated above, the
government requests that this Court enter the attached Order of Forfeiture. The government
further requests that it be permitted, in its discretion, to serve the Order of Forfeiture directly on
the defendant, or if the defendant is represented, upon the defendant’s counsel.
12. The government requests authority to conduct discovery, in accordance
with Fed. R. Crim. P. 32.2(b)(3) and 21 U.S.C. § 853(m), to identify, locate, and dispose of
property subject to forfeiture and to address any third-party claims.
13. Because the government does not seek forfeiture of any specific asset at
this time, advertisement of the judgement and third-party proceedings are not required. Fed. R.
Crim. P. 32.2(c)(1) (no ancillary proceedings to address third-party claims required where
specific property is not being forfeited).
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Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 5 of 9
For the reasons stated above, the government requests that this Court enter the
attached Order.
Respectfully submitted,
JACQUELINE C. ROMERO
United States Attorney
SARAH L. GRIEB
Assistant United States Attorney
Chief, Asset Recovery and Financial Litigation
s/Tiwana Wright
TIWANA L. WRIGHT
Assistant United States Attorney
Date: July 5, 2023
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Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 6 of 9
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA :
v. : CRIMINAL NO. 22-CR-39
TAKANDRYIA LATRICE CAGE :
ORDER OF FORFEITURE
IT IS HEREBY ORDERED THAT:
1. As a result of defendant Takandryia Latrice Cage’s guilty plea as to
Counts One through Five of the Information, charging her with conspiracy to commit mail fraud,
in violation of 18 U.S.C. § 1349 (Count One); bank fraud, in violation of 18 U.S.C. § 1344
(Count Two); and wire fraud, in violation of 18 U.S.C. § 1343 (Counts Three through Five), the
defendant is required to forfeit criminally her interest in any property constituting, or derived
from, proceeds obtained directly or indirectly as a result of the aforesaid offenses, pursuant to 18
U.S.C. § 982(a)(2).
2. All property constituting, or derived from, proceeds obtained directly or
indirectly as a result of the defendant’s violations of 18 U.S.C. §§ 1349, 1344, and 1343, is
forfeited to the United States.
3. The sum of $139,704.00 represents the value of property constituting, or
derived from, proceeds the defendant obtained directly or indirectly as a result of the offenses
charged in Counts One through Five of the Information.
4. The defendant shall forfeit to the United States $139,704.00 in proceeds
that she obtained as a result of her violations of 18 U.S.C. §§ 1349, 1344, and 1343, as charged
Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 7 of 9
in Counts One through Five of the Information, pursuant to 18 U.S.C. § 982(a)(2) and Fed. R.
Crim. P. 32.2(b)(2).
5. A money judgment in the amount of $139,704.00 is hereby entered against
the defendant.
6. Pursuant to 21 U.S.C. § 853(p), due to the defendant’s acts or omissions,
these proceeds are not currently available because the proceeds cannot be located upon the
exercise of due diligence, the proceeds have been transferred to, sold to, or deposited with third
parties, the proceeds have been placed beyond the jurisdiction of the court, the proceeds have
been substantially diminished in value, and/or the proceeds have been commingled with other
property which cannot be divided without difficulty. Therefore, the United States is authorized
to seek forfeiture of substitute assets of the defendant up to the amount of the uncollected money
judgment.
7. The government may move at any time, pursuant to Fed. R. Crim. P.
32.2(e)(1)(B), to amend this Order to forfeit specific property belonging to the defendant having
a value up to the amount of the uncollected money judgment, as substitute assets.
8. Pursuant to Fed. R. Crim. P. 32.2(b)(4), the Preliminary Order of
Forfeiture may be made final as to the defendant, prior to her sentencing and shall be made part
of the sentence and included in the judgment. See United States v. Bennett, 423 F.3d. 271 (3d
Cir. 2005) (to be effective, a forfeiture order must be included in sentence and judgment).
9. Upon entry of this Order or any amendment thereto that is entered
pursuant to Fed. R. Crim. P. 32.2(e), the Attorney General or a designee is authorized to seize
any specific property subject to forfeiture that is identified in this Order or subsequent
amendment, pursuant to Fed. R. Crim. P. 32.2(b)(3).
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Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 8 of 9
10. Upon entry of this Order, the Attorney General or a designee, pursuant to
Fed. R. Crim. P. 32.2(b)(3) and 21 U.S.C. § 853(m), is authorized to conduct any discovery to
identify, locate, and dispose of property subject to this Order and to address any third-party
claims, including depositions, interrogatories, requests for production of documents, and
subpoenas pursuant to Fed. R. Civ. P. 45.
11. The Court shall retain jurisdiction to enforce this Order, and to amend it as
necessary, pursuant to Fed. R. Crim. P. 32.2(e).
12. The Clerk of the United States District Court for the Eastern District of
Pennsylvania shall deliver a copy of this Judgment and Preliminary Order of Forfeiture to the
Federal Bureau of Investigation (“FBI”), Internal Revenue Service (“IRS”), and to counsel for
the parties.
ORDERED this ___ day of _____________________, 2023.
____________________________________________
HONORABLE JOHN M. GALLAGHER,
United States District Court Judge
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Case 2:22-cr-00039-JMG Document 20 Filed 07/06/23 Page 9 of 9
CERTIFICATE OF SERVICE
I certify that a copy of the Government’s Motion for Order of Forfeiture and
proposed Forfeiture Order have been filed electronically in the Clerk’s Office Electronic Case
Filing (ECF) system and are available for viewing and downloading from the ECF system, and
that a true and correct copy of the motion and proposed order were served upon counsel for the
defendant by electronic filing, as follows:
COLEY O. REYNOLDS
Reynolds Firm, LLC
121 S. Broad Street, Suite 1200
Philadelphia, PA 19107
cor@reynoldsfirm.com
267-710-1177
TIWANA L. WRIGHT
Assistant United States Attorney
Date:
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