Consent Order and Judgment of Forfeiture — No. 3:24-cr-00072 (Dkt. 21, W.D.N.C.)

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A Consent Order and Judgment of Forfeiture, Document 21, filed August 26, 2024 in United States of America v. Kelly Bree Mosley, Case 3:24-cr-00072-KDB-SCR, 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, the order forfeits to the United States, under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), a forfeiture money judgment in the amount of $125,317. 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 signature blocks name Dena J. King, Benjamin Bain-Creed, defense counsel Taylor Goodnight and United States District Judge Kenneth D. Bell.

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FILED
Charlotte, NC

AUG 26 2024
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA Clerk, US District Court

CHARLOTTE DIVISION Western District NC
DOCKET NO.: 3:24-cr-00072

UNITED STATES OF AMERICA, )
) CONSENT ORDER AND
v. ) JUDGMENT OF FORFEITURE
) PENDING RULE 32.2(c)(2)
KELLY BREE MOSLEY )

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(a)(1)(C) and 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 $125,317, 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.

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.

3. Pursuant to Fed. R. Crim. P. 32.2(b)(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 requests for production of documents, and
to issue subpoenas pursuant to Fed. R. Civ. P. 45.

4, A forfeiture money judgment shall be included in the defendant’s sentence, and the
United States may take steps to collect the judgment from 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 and are therefore subject to forfeiture

Case 3:24-cr-00072-KDB-SCR Document 21 Filed 08/26/24 Page 1 of 2
pursuant to 18 U.S.C. §§ 981 (a)(1)(C) and 28 U.S.C. § 2461(c). The defendant hereby waives the
viii’. requirements of Fed. R. Crim. P. 32.2 and 43(a) regarding notice of the forfeiture in the charging

“vA doer} ouCinstrurhenit,;’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.

DENA J. KING L
UNITED STATES ATTORNEY LO
7?" BENJAMIN BAIN-CREED Sa BREE MOSLEY
Assistant United States Attorney _ Defendant
TAYLOR GOODNIGHT, ESQ.

Attorney for Defendant

éZ EL day of August, 2024.

Signed this the

THE TIONORABLE KENNETH D. BELL
UNITED STATES DISTRICT JUDGE

Case 3:24-cr-00072-KDB-SCR Document 21 Filed 08/26/24 Page 2 of 2


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