Indictment — United States v. Ryan Yoonsuk Kim (Central District of California, Document 1)

Summary

Indictment, Document 1, filed July 29, 2022 in United States of America v. Ryan Yoonsuk Kim, CR 2:22-cr-00343-FLA, U.S. District Court for the Central District of California, returned by the June 2022 Grand Jury. Count One charges that on or about November 18, 2020, the defendant possessed with intent to distribute approximately 519 grams of a mixture containing fentanyl. Count Two charges possession of a firearm in furtherance of a drug trafficking crime under 18 U.S.C. § 924(c)(1)(A)(i). Count Three charges that on or about May 7, 2021, the defendant possessed with intent to distribute approximately 94.4 grams of methamphetamine. The indictment also includes a forfeiture allegation under 21 U.S.C. § 853.

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     Case 2:22-cr-00343-FLA   Document 1   Filed 07/29/22   Page 1 of 8 Page ID #:1



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 7                                                                      7/29/2022
 8                            UNITED STATES DISTRICT COURT                   JB



 9                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

10                                June 2022 Grand Jury

11   UNITED STATES OF AMERICA,                CR      2:22-cr-00343-FLA
12             Plaintiff,                     I N D I C T M E N T

13             v.                             [21 U.S.C. §§ 841(a)(1),
                                              (b)(1)(A)(vi), (b)(1)(A)(viii):
14   RYAN YOONSUK KIM,                        Possession with Intent to
                                              Distribute Controlled Substances;
15             Defendant.                     18 U.S.C. § 924(c)(1)(A)(i):
                                              Possession of a Firearm in
16                                            Furtherance of a Drug Trafficking
                                              Crime; 21 U.S.C. § 853, 18 U.S.C.
17                                            § 924(d): Criminal Forfeiture]
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19        The Grand Jury charges:
20                                     COUNT ONE
21                    [21 U.S.C. §§ 841(a)(1), (b)(1)(A)(vi)]
22        On or about November 18, 2020, in Los Angeles County, within the
23   Central District of California, defendant RYAN YOONSUK KIM knowingly
24   and intentionally possessed with intent to distribute at least 400
25   grams, that is, approximately 519 grams, of a mixture and substance
26   containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-
27   piperidinyl] propanamide (“fentanyl”), a Schedule II narcotic drug
28   controlled substance.
     Case 2:22-cr-00343-FLA    Document 1   Filed 07/29/22   Page 2 of 8 Page ID #:2



 1                                      COUNT TWO

 2                            [18 U.S.C. § 924(c)(1)(A)(i)]

 3     On or about November 18, 2020, in Los Angeles County, within the

 4   Central District of California, defendant RYAN YOONSUK KIM knowingly

 5   carried a firearm, namely, a Glock 43x 9mm pistol, bearing serial

 6   number BNEP663, during and in relation to, and possessed that firearm

 7   in furtherance of, a drug trafficking crime, namely, Possession with

 8   Intent to Distribute Fentanyl, in violation of Title 21, United

 9   States Code, Sections 841(a)(1), (b)(1)(A)(vi), as charged in Count

10   One of this Indictment.

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     Case 2:22-cr-00343-FLA   Document 1   Filed 07/29/22   Page 3 of 8 Page ID #:3



 1                                    COUNT THREE

 2                   [21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii)]

 3        On or about May 7, 2021, in Los Angeles County, within the

 4   Central District of California, defendant RYAN YOONSUK KIM knowingly

 5   and intentionally possessed with intent to distribute at least 50

 6   grams, that is, approximately 94.4 grams, of methamphetamine, a

 7   Schedule II controlled substance.

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     Case 2:22-cr-00343-FLA   Document 1   Filed 07/29/22   Page 4 of 8 Page ID #:4



 1                            FORFEITURE ALLEGATION ONE

 2                                 [21 U.S.C. § 853]

 3         1.   Pursuant to Rule 32.2(a) of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States of America

 5   will seek forfeiture as part of any sentence, pursuant to Title 21,

 6   United States Code, Section 853, in the event of the defendant’s

 7   conviction of the offense set forth in Count One of this Indictment.

 8         2.   The defendant, if so convicted, shall forfeit to the United

 9   States of America the following:

10              a.    All right, title and interest in any and all property,

11   real or personal, constituting or derived from, any proceeds which

12   the defendant obtained, directly or indirectly, from such offense

13   including, but not limited to, $858.27 in U.S. currency that was

14   seized from defendant RYAN YOONSUK KIM’s person on November 18, 2020;

15              b.    All right, title and interest in any and all property,

16   real or personal, used, or intended to be used, in any manner or

17   part, to commit, or to facilitate the commission of such offense;

18   and

19              c.    To the extent such property is not available for

20   forfeiture, a sum of money equal to the total value of the property

21   described in subparagraphs (a) and (b).

22         3.   Pursuant to Title 21, United States Code, Section 853(p),

23   the defendant, if so convicted, shall forfeit substitute property if,

24   by any act or omission of the defendant, the property described in

25   the preceding paragraph, or any portion thereof: (a) cannot be

26   located upon the exercise of due diligence; (b) has been transferred,

27   sold to, or deposited with a third party; (c) has been placed beyond

28   the jurisdiction of the court; (d) has been substantially diminished

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     Case 2:22-cr-00343-FLA   Document 1   Filed 07/29/22   Page 5 of 8 Page ID #:5



 1   in value; or (e) has been commingled with other property that cannot

 2   be divided without difficulty.

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     Case 2:22-cr-00343-FLA   Document 1   Filed 07/29/22   Page 6 of 8 Page ID #:6



 1                            FORFEITURE ALLEGATION TWO

 2                              [18 U.S.C. § 924(d)(1)]

 3        1.    Pursuant to Rule 32.2(a) of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States of America

 5   will seek forfeiture as part of any sentence, pursuant to Title 18,

 6   United States Code, Section 924(d)(1), in the event of the

 7   defendant’s conviction of the offense set forth in Count Two of this

 8   Indictment.

 9        2.    The defendant, if so convicted, shall forfeit to the United

10   States of America the following:

11              a.    All right, title, and interest in any firearm or

12   ammunition involved in or used in such offense, including, but not

13   limited, to a Glock 43x 9mm pistol bearing serial number BNEP663;

14              b.    To the extent such property is not available for

15   forfeiture, a sum of money equal to the total value of the property

16   described in subparagraph (a).

17        3.    Pursuant to Title 21, United States Code, Section 853(p),

18   the defendant, if so convicted, shall forfeit substitute property, up

19   to the value of the property described in the preceding paragraph if,

20   as the result of any act or omission of the defendant, the property

21   described in the preceding paragraph or any portion thereof (a)

22   cannot be located upon the exercise of due diligence; (b) has been

23   transferred, sold to, or deposited with a third party; (c) has been

24   placed beyond the jurisdiction of the court; (d) has been

25   substantially diminished in value; or (e) has been commingled with

26   other property that cannot be divided without difficulty.

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     Case 2:22-cr-00343-FLA   Document 1   Filed 07/29/22   Page 7 of 8 Page ID #:7



 1                            FORFEITURE ALLEGATION THREE

 2                                 [21 U.S.C. § 853]

 3         1.   Pursuant to Rule 32.2(a) of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States of America

 5   will seek forfeiture as part of any sentence, pursuant to Title 21,

 6   United States Code, Section 853, in the event of the defendant’s

 7   conviction of the offense set forth in Count Three of this

 8   Indictment.

 9         2.   The defendant, if so convicted, shall forfeit to the United

10   States of America the following:

11              a.    All right, title and interest in any and all property,

12   real or personal, constituting or derived from, any proceeds which

13   the defendant obtained, directly or indirectly, from such offense

14   including, but not limited to, $877.00 in U.S. currency that was

15   seized from defendant RYAN YOONSUK KIM’s person on May 7, 2021;

16              b.    All right, title and interest in any and all property,

17   real or personal, used, or intended to be used, in any manner or

18   part, to commit, or to facilitate the commission of such offense;

19   and

20              c.    To the extent such property is not available for

21   forfeiture, a sum of money equal to the total value of the property

22   described in subparagraphs (a) and (b).

23         3.   Pursuant to Title 21, United States Code, Section 853(p),

24   the defendant, if so convicted, shall forfeit substitute property if,

25   by any act or omission of the defendant, the property described in

26   the preceding paragraph, or any portion thereof: (a) cannot be

27   located upon the exercise of due diligence; (b) has been transferred,

28   sold to, or deposited with a third party; (c) has been placed beyond

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     Case 2:22-cr-00343-FLA   Document 1   Filed 07/29/22     Page 8 of 8 Page ID #:8



 1   the jurisdiction of the court; (d) has been substantially diminished

 2   in value; or (e) has been commingled with other property that cannot

 3   be divided without difficulty.

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 5                                               A TRUE BILL
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                                                        /S/
                                                 Foreperson
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 9   STEPHANIE S. CHRISTENSEN
     Acting United States Attorney
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12   SCOTT M. GARRINGER
     Assistant United States Attorney
13   Chief, Criminal Division

14   DAVID T. RYAN
     Assistant United States Attorney
15   Deputy Chief, General Crimes
     Section
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     LYNDSI ALLSOP
17   Assistant United States Attorney
     General Crimes Section
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