Consent Order and Judgment of Forfeiture — No. 3:21-cr-00049 (Dkt. 26, W.D.N.C.)

Summary

A Consent Order and Judgment of Forfeiture, Document 26, filed April 20, 2021 in United States of America v. Rashawn Prioleau, Case 3:21-cr-00049-MOC-DCK (Docket No. 3:21cr49-MOC), in the U.S. District Court for the Western District of North Carolina, Charlotte Division, marked pending Rule 32.2(c)(2). Based on the defendant's plea of guilty, it forfeits to the United States, under 18 U.S.C. §§ 981 and 982 and/or 28 U.S.C. § 2461(c), a forfeiture money judgment in the amount of $38,092. The defendant stipulates that the government may satisfy the judgment with proceeds or substitute property under 21 U.S.C. § 853(p) and waives notice requirements under Fed. R. Crim. P. 32.2 and 43(a). The order is signed April 20, 2021 by United States Magistrate Judge David S. Cayer; counsel named are Graham Billings and W. Rob Heroy.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

DOCKET NO. 3:21cr49-MOC

UNITED STATES OF AMERICA )
) | CONSENT ORDER AND
v. ) JUDGMENT OF FORFEITURE
) PENDING RULE 32.2(c)(2)
RASHAWN PRIOLEAU )

BASED UPON the Defendant’s plea of guilty and finding that there is a nexus
between the property listed below and the offense(s) to which the Defendant has pled guilty and
that the Defendant (or any combination of Defendants in this case) has or had a possessory interest
or other legal interest in the property, IT IS HEREBY ORDERED THAT:

1. The following property is forfeited to the United States pursuant to 18 U.S.C. §§
981 and 982, and/or 28 U.S.C. § 2461(c), provided, however, that forfeiture of specific assets is
subject to any and all third party petitions under 21 U.S.C. § 853(n), pending final adjudication
herein:
A forfeiture money judgment in the amount of $38,092, such amount constituting the
proceeds that Defendant personally obtained as a result of the offense/s to which
Defendant has pled guilty. Defendant stipulates that the Government may satisfy the
money judgment via forfeiture of proceeds and/or substitute property as defined in
21 U.S.C. § 853(p). For purposes of forfeiture under Section 853(p), Defendant
stipulates that, as a result of acts or omissions of Defendant, one or more provisions
of Section 853(p)(1)(A)-(E) are satisfied; and

2. The United States Marshals Service, the investigative agency, and/or the agency
contractor is authorized to take possession and maintain custody of the above specific asset(s).

2. If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C. § 853(n),
and/or other applicable law, the United States shall publish notice and provide direct written notice
of forfeiture.

4. A forfeiture money judgment shall be included in the defendant’s sentence, and the
United States may take steps to collect the judgmentfrom any property of the defendant, provided,
the value of any forfeited specific assets shall be credited toward satisfaction of this money
judgment upon liquidation.

The parties stipulate and agree that the aforementioned asset(s) constitute property derived
from or traceable to proceeds of Defendant’s crime(s) herein or property used in any manner to
facilitate the commission of such offense(s) and are therefore subject to forfeiture pursuant to 18
U.S.C. §§ 981 and 982,21 U.S.C § 853 and/or 28 U.S.C. § 2461(c). The Defendant hereby waives

Case 3:21-cr-00049-MOC-DCK Document 26 Filed 04/20/21 Page 1 of 2
the requirements of Fed. R. Crim. P. 32.2 and 43(a) regarding notice of the forfeiture in the
charging instrument, announcement of the forfeiture at sentencing, and incorporation of the
forfeiture in the judgment against Defendant. If the Defendant has previously submitted a claim in
response to an administrative forfeiture proceeding regarding any of this property, Defendant
hereby withdraws that claim. If Defendant has not previously submitted such a claim, Defendant

hereby waives all right to do so.

WILLIAM T. STETZER
ei ITED STATES ATTORNEY

GRAHAM BILLINGS, ESQ.
Assistant United States Attorney

W. ROB HEROY, ESQ.
Attorney for Defendant

Signed: April 20, 2021

David S. Cayer
United States Magistrate Judge -

Case 3:21-cr-00049-MOC-DCK Document 26 Filed 04/20/21 Page 2 of 2


File and source

File

26.pdf

Size

423,282 bytes

SHA-256

6eeca4ec96ac0b2a0ce2fbb00de955f7b300514d79451923d405e919bebc4a06

Our copy

26.pdf

Original

archive.org