Consent Order and Judgment of Forfeiture — No. 3:22-cr-00195 (Dkt. 8, W.D.N.C.)

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A Consent Order and Judgment of Forfeiture, Document 8, filed August 19, 2022 in United States of America v. Donte O’Neill Clements, Case 3:22-cr-00195-MOC-DCK, in the U.S. District Court for the Western District of North Carolina, Charlotte Division. Based on the defendant's plea of guilty, the order forfeits to the United States a forfeiture money judgment in the amount of $800,000, a Masterpiece Arms Defender 9mm pistol and a Keltec PLR16 pistol with ammunition, the firearms seized on or about November 23, 2021. It cites 18 U.S.C. § 924 and 28 U.S.C. § 2461(c) and sets notice and third-party petition procedures under 21 U.S.C. § 853(n). The defendant waives notice requirements and consents to destruction of the listed firearms. The signature blocks name Dena J. King, Matthew T. Warren and defense counsel Matthew Joseph.

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FILED
CHARLOTTE, NC

AUG 19 2022

IN THE UNITED STATES DISTRICT COURT US DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA WESTERN DISTRICT OF NC
CHARLOTTE DIVISION
DOCKET NO.:: 3:22cr195

UNITED STATES OF AMERICA

CONSENT ORDER AND
JUDGMENT OF FORFEITURE

V.

DONTE O’NEILL CLEMENTS

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. § -
924, 18 U.S.C. § 981(a)(1)(c), 21 U.S.C. § 853, 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 $800,000, such amount constituting
the proceeds traceable to the offense to which Defendant pled guilty. Defendant
stipulates that the Government may satisfy the money judgment via forfeiture of
proceeds as defined in 18 U.S.C. § 981 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;

One Masterpiece Arms Defender, 9mm pistol with an extended magazine, serial
number FX15000 and ammunition seized from Defendant on or about November 23,
2021 during the investigation; and

One Keltec, PLR16, 223 caliber pistol, serial number P4T77 and ammunition seized
from Defendant on or about November 23, 2021 during the investigation.

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).

3, If and to the extent required by Fed. R. Crim. P. 32.2(6)(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. .

Case 3:22-cr-00195-MOC-DCK Document 8 Filed 08/19/22 Page 1 of 2
4, Any person, other than the Defendant, asserting any legal interest in the property
may, within thirty days of the publication of notice or the receipt of notice, whichever is earlier,
petition the court for a hearing to adjudicate the validity of the alleged interest.

5. Pursuant to Fed. R. Crim. P. 32.2(6)(3), upon entry of this order, the United States
Attorney’s Office is authorized to conduct any discovery needed to identify, locate, or dispose of
the property, including depositions, interrogatories, and request for production of documents, and
to issue subpoenas pursuant to Fed. R. Civ. P. 45.

6. As to any specific assets, following the Court’s disposition of all timely petitions,
a final order of forfeiture shall be entered. If no third party files a timely petition, this order shall
become the final order of forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2), and the United
States shall have clear title to the property, and shall dispose of the property according to law.

The parties stipulate and agree that the aforementioned asset(s) constitute property
involved in or used in the offense(s) or that the aforementioned asset(s) constitute property derived
from or traceable to proceeds of defendant’s crime(s) herein and are therefore subject to forfeiture
pursuant to 18 U.S.C. § 924, 18 U.S.C. § 981(a)(1)(c), 21 U.S.C. § 853, and/or 28 U.S.C. § 2461 (c).
The Defendant hereby waives 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. As to any firearms listed above and/or in the
charging instrument, Defendant consents to destruction by federal, state, or local law enforcement
authorities upon such legal process as they, in their sole discretion deem to legally sufficient, and
waives any and all right to further notice of such process or such destruction.

DENA J. KING
UNITED STATES ATTORNEY

MATTHEW T. WARREN Sozin DONTE O’NEILL CLEMENTS

Assistant United States Attorney Defendant

MATTHEW JOSEPH, ESQ.
Attorney for Defendant

UNITED STATES JUDGE

th
Signed this the 9 day of August, 2022.

Case 3:22-cr-00195-MOC-DCK Document 8 Filed 08/19/22 Page 2 of 2


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