Preliminary Order of Forfeiture — U.S. v. Dereen Porch (M.D. Ga.)

Summary

A preliminary order of forfeiture and money judgment in United States of America v. Dereen Porch, Case No. 4:21-CR-23 (CDL), in the U.S. District Court for the Middle District of Georgia, Columbus Division, filed May 23, 2022 as Document 57. It recites that on November 30, 2021 Porch pleaded guilty to Counts One and Two of the Indictment, wire fraud under Title 18, United States Code, Section 1343, which charged that Porch and co-defendant Curtis Porch transmitted electronic applications for Small Business Administration loans and grants under the Coronavirus Aid, Relief, and Economic Security Act. The court finds the required nexus and orders Porch to forfeit $230,300.00 as a personal money judgment, final at sentencing. The order is signed by Clay D. Land, Judge.

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Cite this document

“Preliminary Order of Forfeiture — U.S. v. Dereen Porch (M.D. Ga.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-4-21-cr-00023-dkt-57-df546835d9/, SHA-256 3ea125f826d0460c3ed51d2ea531f6cc336651c8305aa8bdf9f17bcfd97e9a54.

Full text

Case 4:21-cr-00023-CDL-MSH Document 57 Filed 05/23/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION

:
UNITED STATES OF AMERICA :
:
v. : CASE NO. 4:21-CR-23 (CDL)
:
DEREEN PORCH, a/k/a DEREEN :
FITZGERALD, a/k/a RENA :
FITIZGERALD, a/k/a DEREEN VERA :
FITZGERALD :
:
Defendant :
:

PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT

WHEREAS, on November 30, 2021, Defendant Dereen Porch, a/k/a Dereen

Fitzgerald, a/k/a Rena Fitzgerald, a/k/a Dereen Vera Fitzgerald (hereinafter “Porch” or

“Defendant”), pled guilty to Counts One and Two of the Indictment charging her with

Wire Fraud, in violation of Title 18, United States Code, Section 1343;

AND WHEREAS, the Indictment contained a generic Forfeiture Notice, pursuant

to which the United States seeks forfeiture under Title 18, United States Code, Section

981(a)(1)(C), in conjunction with Title 28, United States Code, Section 2461(c), of any

property, real or personal, constituting, or derived from proceeds traceable to such

offense(s);

AND WHEREAS, the Defendant pled guilty to a written Plea Agreement to

Counts One and Two of the Indictment charging that Porch, and Co-Defendant Curtis

Porch, aided and abetted each other and by others both known and unknown to the
Case 4:21-cr-00023-CDL-MSH Document 57 Filed 05/23/22 Page 2 of 3

Grand Jury, and having devised a scheme and artifice to defraud and obtain money by

means of material false pretenses and representations, for the purpose of executing and

in order to effect this scheme and artifice, did knowingly transmit or cause to be

transmitted in interstate commerce, by means of a wire communication, certain signs,

signals, and sounds, that is, electronic applications for Small Business Administration

(“SBA”) loans/grants under the Coronavirus Aid, Relief, and Economic Security Act,

which originated and were transmitted from the state of Georgia and then were received

at the SBA processing facility in the state of Iowa; all in violation of Title 18, United States

Code, Section 1343, in connection with Title 18, United States Code, Section 2;

AND WHEREAS, the United States has filed a Motion and Memorandum for the

Issuance of a Preliminary Order of Forfeiture/Money Judgment against Porch in the

amount of two hundred thirty thousand, three hundred dollars ($230,300.00),

representing the proceeds of the violation, obtained as a result of such offense(s); and

WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure provides

that “no ancillary proceeding is required to the extent that the forfeiture consists of a

money judgment”;

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED

THAT:

1. Pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), 18 U.S.C. § 3554,

and Rule 32.2(b), Federal Rules of Criminal Procedure, the Court finds by a

2
Case 4:21-cr-00023-CDL-MSH Document 57 Filed 05/23/22 Page 3 of 3

preponderance of the evidence that the United States has demonstrated the required

nexus between the personal money judgment amount and the offense(s) of conviction,

and the Defendant shall forfeit to the United States the sum of two hundred thirty

thousand, three hundred dollars ($230,300.00).

2. The United States District Court, Middle District of Georgia, shall retain

jurisdiction in the case for the purpose of enforcing this Preliminary Order of

Forfeiture/Money Judgment.

3. Pursuant to FED. R. CRIM. P. 32.2(b)(4), this Preliminary Order of

Forfeiture/Money Judgment shall become final as to the Defendant at the time of

sentencing and shall be made part of the sentence and included in the judgment.

4. As issued this date, this Preliminary Order of Forfeiture/Money Judgment

consists of a judgment for a sum of money. The United States may, at any time, move

pursuant to FED. R. CRIM. P. 32.2(e), to amend this Preliminary Order of

Forfeiture/Money Judgment if the Government locates specific assets traceable to the

offense(s) or other assets subject to forfeiture as substitute assets pursuant to 21 U.S.C. §

853(p), as incorporated by 28 U.S.C. § 2461(c), through 18 U.S.C. § 981(a)(1)(C).

SO ORDERED, this 23rd day of May, 2022.

S/Clay D. Land
CLAY D. LAND, JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA

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SHA-256: 3ea125f826d0460c3ed51d2ea531f6cc336651c8305aa8bdf9f17bcfd97e9a54
Our copy: 57.pdf
Original: archive.org