Order of Criminal Forfeiture — United States v. Eco Shield, LLC (Southern District of California, Document 50)

Summary

Order of Criminal Forfeiture in the United States District Court, Southern District of California, Case No. 21cr1463-JLS, against ECO SHIELD, LLC. It states that on or about May 25, 2021, Defendant pled guilty to Count 1 of the Information, with consent to forfeiture of all property seized in connection with the case. The order finds that the United States is entitled to a forfeiture money judgment of $427,689.00 against Defendant, representing proceeds Defendant and co-defendant received, for which both are jointly and severally liable. It retains jurisdiction to enforce the order, lets the United States move to substitute property, and makes the order final as to Defendant at sentencing.

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      Case 3:21-cr-01463-JLS Document 50 Filed 08/12/22 PageID.161 Page 1 of 3
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                                                                         FILED
      1
                                                                           AUG 1 2 2J22
      2
                                                                     CLERK U.S . DISTRICT COURT
                                                                  SOUTHEFlN DISTRICT OF CALI FORN IA
      3                                                          BY           .-v            DEPUTY

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      5
      6

      7

      8                        UNITED STATES DISTRICT COURT
      9                      SOUTHERN DISTRICT OF CALIFORNIA
     1011 UNITED STATES OF A1\1ERICA,                   Case No. 21cr1463-JLS
     11                      Plaintiff,                 ORDER OF CRIMINAL
     12         v.                                      FORFEITURE

     13 11 ECO SHIELD, LLC.,
     14 11                   Defendant.
     15
     1611      WHEREAS, in the Information the United States sought forfeiture of all right,
     1711 title and interest in property of Defendant ECO SHIELD, LLC., ("Defendant"),
     18 II pursuant to Title 18, United States Code, Section 981(a)(l)(C) and Title 28, United
     19 11 States Code, Section 2461 (c) as property constituting proceeds of the offense set
     20 forth in Count 1 in the violation of Title 18, United States Code, Section 541, as
     21 charged in Count 1 in the Information.
     22        WHEREAS, on or about May 25, 2021, Defendant pled guilty before
     23 11 Magistrate Judge Michael S. Berg to Count 1 of the Information, which pleas
     24 11 included consent to forfeiture of all property seized in connection with the case,
     25 11 including but not limited to entry of a forfeiture money judgment in the amount of
     26 II $427,689.00 representing the proceeds Defendant and co-Defendant received from
     27 the offense set forth in Count 1, which forfeiture shall be included and incorporated
     28 as part of the judgment in this case; and
  Case 3:21-cr-01463-JLS Document 50 Filed 08/12/22 PageID.162 Page 2 of 3




 1          WHEREAS, on February 10, 2022, this Court accepted the guilty plea of
 2 11 Defendant; and
 3 11       WHEREAS, by virtue of the admissions of the Defendant set out in the plea
 4 II agreement and guilty plea, the Court hereby finds that $427,689.00 represents the
 5 11 amount of proceeds the Defendant and co-defendant obtained directly as a result of
 6 11 the offense set forth in Count 1 to which Defendant pled guilty, 18 U.S.C. § 541, as
 7 11 charged in the Information; and
 8 II       WHEREAS, by virtue of said guilty plea and the Court's findings, the
 9 11 United States is now entitled to an Order of Forfeiture in its favor against the
1O 11 Defendant in the form of a forfeiture money judgment representing the amount of the
11 II proceeds received by the Defendant and co-defendant in the amount of $427,689.00,
12 II pursuant to 18 U.S.C. § 981(a)(l)(c), 28 U.S.C. § 2461(c), and Rule 32.2(b) of the
13 11 Federal Rules of Criminal Procedure; and
14 11       WHEREAS, by virtue of the facts set forth in the plea agreement the
15 II United States has established the requisite nexus between the $427,689.00 forfeiture
16 11 money judgment and the offense set forth in Count 1; and
17 11       WHEREAS, the Defendant has agreed that the provisions for the substitution
18 II of assets as provided in 21 U.S.C., § 853(p) exist and has agreed the United States
19 11 may take actions to collect the forfeiture money judgment; and
20 11       WHEREAS, the United States, having submitted the Order herein to the
21 II Defendant through his attorney of record, to review, and no objections having been
22 11 received;
23          Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
24          1.    Based on the guilty plea of the Defendant to Count 1 of the Information,
25 11 the United States is entitled to a forfeiture money judgment against Defendant in the
26 II amount of $427,689.00 pursuant to Title 18 U.S.C. 981(a)(l)(C) and Title 28 U.S.C.
27 II 2461(c), representing the proceeds Defendant and co-defendant received from the
28 11 offense of conviction set forth in Count 1, which forfeiture money judgment is in
                                             -2-                         21cr01463
  Case 3:21-cr-01463-JLS Document 50 Filed 08/12/22 PageID.163 Page 3 of 3




 1 11 favor of the United States against Defendant ECO SHIELD, LLC., with interest to
 2 llaccrue thereon in accordance with 18 U.S.C. § 3612(f) and 28 U.S.C. § 1961 and for
 3 11 which both Defendant and co-defendant shall be jointly and severally liable; and
 4         2.        This Court shall retain jurisdiction in the case for the purpose of
 5 11 enforcing the order of forfeiture money judgment and collecting and enforcing it; and
 6         3.        Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final
 7 11 as to the Defendant at the time of sentencing and is part of the sentence and included
 8 II in the judgment; and
 9 II      4.        Pursuant to Rule 32.2(b)(3) the United States may, at any time, conduct
1O 11 discovery to identify, locate, or dispose of directly forfeitable assets and substitute
11 II assets against which this Order of Forfeiture may be enforced; and
12         5.       The United States may, at any time, move pursuant to Rule 32.2(e) to
13 11 amend this Order of Forfeiture to substitute property having a value not to exceed
14 II $427,689.00 to satisfy the forfeiture money judgment in whole or in part; and
15         6.       The United States may take any and all actions available to it to collect
16 11 and enforce the forfeiture money judgment.
17         7.       This order shall be incorporated and included as part of the judgment in
18 11 this case when Defendant is sentenced.

1911       DATED:
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