Preliminary Order of Forfeiture — United States v. Sherrie Lynne Bryant (D. Md., Dkt. 39-1)

Summary

Preliminary Order of Forfeiture, Document 39-1, filed January 12, 2023, in Case 8:22-cr-00308-DLB (Criminal No. DLB-22-308), United States v. Sherrie Lynne Bryant, District of Maryland. It recites that an Information filed August 30, 2022 charged wire fraud (Count One), that the Defendant pled guilty on October 27, 2022, and that the plea agreed to a money judgment of at least $419,100.00 equal to the fraudulent loan proceeds. It orders the United States' Motion GRANTED, enters a forfeiture money judgment of $419,100.00, and forfeits the Defendant's interests in funds of approximately $1,945.84 and $51,441.81 in Capital One accounts in the name of NOW LLC. The signature block names Hon. Deborah L. Boardman, United States District Judge.

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         Case 8:22-cr-00308-DLB Document 39-1 Filed 01/12/23 Page 1 of 5



                       IN THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF MARYLAND

 UNITED STATES OF AMERICA                      *
                                               *
        v.                                     *    CRIMINAL NO. DLB-22-308
                                               *
 SHERRIE LYNNE BRYANT,                         *
                                               *
                Defendant                      *
                                               *
                                            *******

                        PRELIMINARY ORDER OF FORFEITURE

       WHEREAS, on August 30, 2022, the United States of America filed an Information,

charging Sherrie Lynne Bryant (the “Defendant”) with wire fraud, in violation of 18 U.S.C.

§ 1343 (Count One); and

       WHEREAS, the Information also included a forfeiture allegation, pursuant to 18 U.S.C.

§ 981(a)(1)(C), 21 U.S.C. § 853(p), and 28 U.S.C. § 2461(c), which provided notice that the

United States intended to seek forfeiture, upon conviction of the Defendant, of the offense

alleged in Count One of the Information; and

       WHEREAS, on October 27, 2022, the Defendant pled guilty to the offense alleged in

Count One of the Information; and

       WHEREAS, as part of her guilty plea, the Defendant agreed to entry of an order of

forfeiture, as part of the Defendant’s sentence, to include a money judgment of at least

$419,100.00 in U.S. currency equal to the total fraudulent loan proceeds obtained by the

Defendant as a result of the scheme to defraud; and

       WHEREAS, the Defendant further agreed that due to her acts or omissions, the full

amount of the proceeds she obtained as a result of the conspiracy are not currently available to

the Government, and therefore one or more of the conditions of 21 U.S.C. § 853(p) have been
         Case 8:22-cr-00308-DLB Document 39-1 Filed 01/12/23 Page 2 of 5



met and the Government is entitled to the forfeiture of substitute assets;

       WHEREAS, the Defendant agreed to forfeit the following funds in partial satisfaction of

the forfeiture money judgment as proceeds derived from or obtained by the Defendant as a result

of the scheme to defraud or as substitute assets:

               a.      approximately $1,945.84 in funds held in Capital One Bank account
                       ending in 8072 held in the name of NOW LLC; and

               b.      approximately $51,441.81 in funds held in Capital One bank account
                       ending in 2613 held in the name of NOW LLC

(collectively, the “Subject Property”);

       WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853(p), 28 U.S.C.

§ 2461(c), and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United States is

now entitled to a Preliminary Order of Forfeiture imposing a money judgment in the amount of

$419,100.00 in U.S. currency against the Defendant and forfeiting all of the Defendant’s

interests in the Subject Property to the United States;

       ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED that:

       1.      The United States’ Motion for a Preliminary Order of Forfeiture is GRANTED.

       2.      Pursuant to 18 U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853(p), 28 U.S.C. § 2461(c),

and Rule 32.2 of the Federal Rules of Criminal Procedure, a forfeiture money judgment in the

amount of $419,100.00 in U.S. currency is hereby entered against the Defendant.

       3.      The Court further finds, pursuant to Rule 32.2(b)(1) of the Federal Rules of

Criminal Procedure, that the United States has established the requisite nexus between the

Subject Property and the offense to which the Defendant pled guilty.

       4.      Accordingly, all of Defendant’s interests in the Subject Property are hereby

forfeited to the United States for disposition pursuant to 18 U.S.C. § 981(a)(1)(C), 21 U.S.C.

§ 853(p), and 28 U.S.C. § 2461(c).


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       5.      Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the

United States is hereby authorized to seize the Subject Property and maintain it in its secure

custody and control.

       6.      The United States is authorized to conduct any discovery that might be necessary

to identify, locate, or dispose of forfeited property, and to resolve any third-party petition,

pursuant to Rule 32.2(b)(3) and (c)(1)(B) of the Federal Rules of Criminal Procedure and

21 U.S.C. § 853(m).

       7.      Pursuant to 21 U.S.C. § 853(n)(1), the United States shall publish, for thirty (30)

consecutive calendar days on the government forfeiture website www.forfeiture.gov, notice of

the Preliminary Order of Forfeiture and notice of the United States’ intent to dispose of the

Subject Property.

       8.      Pursuant to 21 U.S.C. § 853(n)(1), the United States shall give, to the extent

practicable, direct written notice to any person known to have alleged an interest in the Subject

Property to be forfeited.

       9.      Pursuant to 21 U.S.C. § 853(n)(2) and (3), the notice referred to above shall state:

(a) that any person, other than the Defendant, asserting a legal interest in the Subject Property,

shall, within sixty (60) days after the first day of publication on the government forfeiture

website or within thirty (30) days after receipt of actual notice, whichever is earlier, file a

petition with the United States District Court for the District of Maryland, requesting a hearing to

adjudicate the validity of his or her interest in the Subject Property; and (b) that the petition shall

be signed by the petitioner under the penalty of perjury and shall set forth the nature and extent

of the petitioner’s right, title, or interest in the Subject Property, the time and circumstances of




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the petitioner’s acquisition of the right, title, or interest in the Subject Property, any additional

facts supporting the petitioner’s claim, and the relief sought.

        10.     Pursuant to 21 U.S.C. § 853(n)(7), following the Court’s disposition of all

petitions filed under 21 U.S.C. § 853(n)(6), or if no such petitions are filed following the

expiration of the period provided in 21 U.S.C. § 853(n)(2) for the filing of such petitions, the

United States shall have clear title to the Subject Property.

        11.     The Defendant shall remain personally liable until the judgment is satisfied. The

value of any substitute assets shall be credited toward the satisfaction of the money judgment.

Likewise, the value of any directly forfeitable property that is forfeited as the proceeds of the

offense shall also be credited toward the satisfaction of the money judgment, but property

forfeited as property used to commit or to facilitate the commission of the offense shall not be so

credited.

        12.     Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this

Preliminary Order of Forfeiture will become final as to the Defendant at the time of his

sentencing, will be part of the Defendant’s criminal sentence, and will be included in the

criminal judgment entered by this Court against him.

        13.     Upon adjudication of all third-party interests, this Court will enter a Final Order

of Forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853(p), 28 U.S.C. § 2461(c), and

Rule 32.2(c) of the Federal Rules of Criminal Procedure, in which all interests will be addressed.




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         14.   The Court shall retain jurisdiction in this case for the purpose of enforcing this

Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend

this Order, or enter other orders as necessary, to forfeit additional specific property when

identified.



                                                      Hon. Deborah L. Boardman
                                                      United States District Judge

Dated:




                                                 5


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