Government's Motion for Judgment and Preliminary Order of Forfeiture — United States v. Davis (Document 19)
Summary
Government's Motion for Judgment and Preliminary Order of Forfeiture, Document 19, filed May 24, 2023 in United States of America v. Darquis Davis, Criminal No. 22-347, U.S. District Court for the Eastern District of Pennsylvania. The motion states that the defendant was charged by Information with conspiracy to deal firearms without a license under 18 U.S.C. § 371 and pleaded guilty to Count One on November 8, 2022. It asks for forfeiture under 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) of one Ruger, Model Security 9, 9mm semi-automatic pistol. It includes a proposed order with a signature line for Harvey Bartle, III, and a certificate of service dated May 24, 2023.
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
Cite this document
“Government's Motion for Judgment and Preliminary Order of Forfeiture — United States v. Davis (Document 19).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cr-00347-dkt-19-e-d-pa-84c678e4e5/
, SHA-256 e016b3dffaee37cc72e1e689f4440b62019528b1474ccccf6c0fb31348138be0.Full text
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 1 of 9
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA :
:
v. : CRIMINAL NO. 22-347
:
DARQUIS DAVIS :
a/k/a “Justice” : FILED UNDER SEAL
GOVERNMENT’S MOTION FOR JUDGMENT AND
PRELIMINARY ORDER OF FORFEITURE
The United States of America, by and through its attorneys, Jacqueline C.
Romero, United States Attorney for the Eastern District of Pennsylvania, Sarah L. Grieb,
Assistant United States Attorney, Chief, Asset Recovery and Financial Litigation Unit, J.
Jeanette Kang, Assistant United States Attorney, and Alexander B. Bowerman, Special Assistant
United States Attorney, respectfully requests entry of a Judgment and Preliminary Order of
Forfeiture, and, in support of this motion, the United States represents as follows:
1. On October 3, 2021, Darquis Davis was charged in an Information with
conspiracy to deal firearms without a license, in violation of 18 U.S.C. § 371 (Count One).
2. The Information also contained a Notice of Forfeiture. The Notice of
Forfeiture alleged that the defendant shall forfeit certain property, pursuant to 18 U.S.C. § 924(d)
and 28 U.S.C. § 2461(c), as a result of her violation of 18 U.S.C. § 371 (Count One).
3. The defendant entered into a Guilty Plea Agreement whereby she agreed,
inter alia, to plead guilty to Count One of the Information. The defendant further agreed not to
contest forfeiture as set forth in the Notice of Forfeiture.
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 2 of 9
4. The defendant has also agreed, pursuant to Fed. R. Crim. P. 32.2(b)(4),
that this Preliminary Order of Forfeiture shall become final as to the defendant prior to her
sentencing.
5. On November 8, 2022, the defendant pleaded guilty at her plea hearing to
Count One of the Information.
6. As a result of her guilty plea, the defendant is required, pursuant to 18
U.S.C. § 924(d) and 28 U.S.C. § 2461(c), to forfeit criminally the firearms and ammunition
involved in or used in the violation charged in Count One of the Information.
7. Based on the facts set forth at the defendant’s plea hearing, those set forth
in the Guilty Plea Agreement, and those set forth in the record as a whole, the government avers
that the following specific property 1 is subject to forfeiture as a result of the defendant’s guilty
plea to the illegal act alleged in Count One of the Information, and that the government has
established the requisite nexus between such property and such offense:
a. One (1) Ruger, Model Security 9, 9mm semi-automatic pistol, bearing
serial number 383-61872,
as a firearm involved in or used in the violation of the aforesaid offense alleged in Count One
(hereinafter referred to as the “Subject Property”).
8. Pursuant to Fed. R. Crim. P. 32.2(b)(1)(A), “[a]s soon as practical after a
verdict or finding of guilty, or after a plea of guilty or nolo contender is accepted … the court
must determine what property is subject to forfeiture under the applicable statute.” Fed. R. Crim.
P. 32.2(b)(1)(A). When the government seeks forfeiture of specific property, “the court must
1
The government seeks to forfeit an additional fifty-six (56) firearms which are listed in the Notice of Forfeiture of
the Indictment. As of now, the remaining fifty-six (56) firearms are not in law enforcement custody. The
government intends to amend this Preliminary Order of Forfeiture as the remaining firearms are taken into custody.
-2-
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 3 of 9
determine whether the government has established the requisite nexus between the property and
the offense;” when the government seeks a forfeiture money judgement, “the court must
determine the amount of the money that the defendant will be ordered to pay”. Id. The Court’s
determination may be based on “evidence already in the record … and on any additional
evidence or information submitted by the parties and accepted by the court as relevant and
reliable.” Fed. R. Crim. P. 32.2(b)(1)(B). “Unless doing so is impractical, the court must enter
the preliminary order sufficiently in advance of sentencing to allow the parties to suggest
revisions or modifications before the order becomes final as to the defendant under Rule
32.2(b)(4).” Fed. R. Crim. P. 32.2(b)(2)(B). The preliminary order of forfeiture becomes final as
to the defendant at sentencing, or earlier if the defendant consents. Fed. R. Crim. P.
32.2(b)(4)(A).
9. Pursuant to Rule 32.2(b)(2)(B), for the reasons stated above, the
government requests that this Court enter the attached Judgment and Preliminary Order of
Forfeiture. The government further requests that it be permitted, in its discretion, to serve the
Judgment and Preliminary Order of Forfeiture directly on the defendant, or if the defendant is
represented, upon the defendant’s counsel, and on any person known to have an interest in the
Subject Property.
10. The government requests authority to conduct discovery, in accordance
with Fed. R. Crim. P. 32.2(b)(3) and 21 U.S.C. § 853(m), to identify, locate, and dispose of
property subject to forfeiture and to address any third-party claims.
11. The government requests authority to seize the Subject Property described
above, if not already in the government=s custody or subject to a restraining order, if necessary to
protect the interests of the United States in the property, pursuant to 21 U.S.C. § 853(g).
-3-
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 4 of 9
12. The government requests authority to undertake publication of the
forfeiture order, once the government seizes the specific property identified in Paragraph 7
above, and notify potential third-party claimants, pursuant to Fed. R. Crim. P. 32.2(b)(3), (b)(6)
and (c)(1)(B) and 21 U.S.C. § 853(n)(1).
For the reasons stated above, the government requests that this Court enter the
attached Order.
Respectfully submitted,
JACQUELINE C. ROMERO
United States Attorney
/s/ Sarah L. Grieb
SARAH L. GRIEB
Assistant United States Attorney
Chief, Asset Recovery and Financial
Litigation
/s/ Alexander B. Bowerman
ALEXANDER B. BOWERMAN
Special Assistant United States Attorney
J. JEANETTE KANG
Assistant United States Attorney
Date: May 24, 2023
-4-
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 5 of 9
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA :
:
v. : CRIMINAL NO. 22-347
:
DARQUIS DAVIS :
a/k/a “Justice” : FILED UNDER SEAL
ORDER OF FORFEITURE
IT IS HEREBY ORDERED THAT:
1. As a result of defendant Darquis Davis’s guilty plea as to Count One of
the Information, charging her with conspiracy to dealing firearms without a license, in violation
of 18 U.S.C. § 371 (Count One), the defendant is required to forfeit criminally any firearms and
ammunition involved in or used in such violation, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C.
2461(c).
2. All firearms and ammunition involved in or used in the defendant’s
violations of 18 U.S.C. § 371 are forfeited to the United States.
3. The Court has determined, based on the facts set forth at the plea hearing,
those set forth in the Guilty Plea Agreement, and those set forth in the record as a whole, that the
following specific property is subject to forfeiture as a result of the defendant’s guilty plea to the
illegal act alleged in Count One of the Information, that the government has established the
requisite nexus between such property and such offense, and that the following property is
forfeited to the United States:
a. One (1) Ruger, Model Security 9, 9mm semi-automatic pistol, bearing
serial number 383-61872,
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 6 of 9
as a firearm involved in or used in the violation of the aforesaid offense alleged in Count One
(hereinafter referred to as the “Subject Property”).
4. Pursuant to Fed. R. Crim. P. 32.2(b)(4), the Preliminary Order of
Forfeiture may be made final as to the defendant, prior to her sentencing and shall be made part
of the sentence and included in the judgment. See United States v. Bennett, 423 F.3d. 271 (3d
Cir. 2005) (to be effective, a forfeiture order must be included in sentence and judgment).
5. Upon entry of this Order, the Attorney General or a designee is authorized
to seize any specific property subject to forfeiture that is identified in this Order, pursuant to Fed.
R. Crim. P. 32.2(b)(3).
6. Upon entry of this Order, the Attorney General or a designee, pursuant to
Fed. R. Crim. P. 32.2(b)(3) and 21 U.S.C. § 853(m), is authorized to conduct any discovery to
identify, locate, and dispose of property subject to this Order and to address any third-party
claims, including depositions, interrogatories, requests for production of documents, and
subpoenas pursuant to Fed. R. Civ. P. 45.
7. Pursuant to 21 U.S.C. § 853(n)(1), and Rule G(4) of the Supplemental
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, made applicable pursuant
to Fed. R. Crim. P. 32.2(b)(6)(c), the United States Government shall put notice on an official
internet government forfeiture site (www.forfeiture.gov) for 30 consecutive days, notice of the
government’s intent to dispose of the Subject Property in such manner as the Attorney General
may direct, and notice that any person, other than the defendant, having or claiming a legal
interest in any of the property subject to this Order must file a petition with the Court within
thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is
earlier.
-2-
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 7 of 9
This notice shall state that the petition shall be for a hearing to adjudicate the
validity of the petitioner’s alleged interest in the Subject Property, shall be signed by the
petitioner under penalty of perjury, and shall set forth the nature and extent of the petitioner’s
right, title or interest in each of the forfeited properties and any additional facts supporting the
petitioner’s claim, and the relief sought.
8. The United States shall also, pursuant to 21 U.S.C. § 853(n)(1), to the
extent practicable, provide direct written notice to any person known to have alleged an interest
in the property that is subject to the Judgment and Preliminary Order of Forfeiture, and to their
attorney, if they are represented, as a substitute for published notice as to those persons so
notified.
9. Any person, other than the defendant, asserting a legal interest in the
Subject Property may, within thirty days of the final publication of notice or receipt of notice,
whichever is earlier, petition the Court for a hearing without a jury to adjudicate the validity of
his alleged interest in the Subject Property, and for an amendment of the order of forfeiture,
pursuant to 21 U.S.C. § 853(n)(6).
10. Following the disposition of any motion filed under Fed. R. Crim. P.
32.2(c)(1)(A) and before a hearing on the petition, discovery may be conducted in accordance
with the Federal Rule of Civil Procedure upon showing that such discovery is necessary or
desirable to resolve factual issues.
11. The United States shall have clear title to the Subject Property following
the Court’s disposition of all third-party interests.
12. The Court shall retain jurisdiction to enforce this Order, and to amend it as
necessary, pursuant to Fed. R. Crim. P. 32.2(e).
-3-
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 8 of 9
13. The Clerk of the United States District Court for the Eastern District of
Pennsylvania shall deliver a copy of this Judgment and Preliminary Order of Forfeiture to the
Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and to counsel for the parties.
ORDERED this ___ day of _____________________, 2023.
____________________________________________
HONORABLE HARVEY BARTLE, III
Senior Judge, United States District Court
-4-
Case 2:22-cr-00347-HB Document 19 Filed 05/24/23 Page 9 of 9
CERTIFICATE OF SERVICE
I certify that a copy of the Government’s Motion for Order of Forfeiture and
proposed Forfeiture Order have been served upon counsel for the defendant by electronic mail,
as follows:
Mariana Rossman, Esquire
The Rossman Firm
1500 Walnut Street
7th Floor West
Philadelphia, PA 19102
215-913-6280
mrossman@therossmanfirm.com
Counsel for defendant Darquis Davis
/s/ Alexander B. Bowerman
Alexander B. Bowerman
Special Assistant United States Attorney
Date: May 24, 2023
File and source
- File
- 19.pdf
- Size
- 186,230 bytes
- SHA-256
- e016b3dffaee37cc72e1e689f4440b62019528b1474ccccf6c0fb31348138be0
- Our copy
- 19.pdf
- Original
- No public link identified.