Consent Preliminary Order of Forfeiture — United States v. Anthony Dejuan Lynch (E.D.N.C.)

Summary

A Consent Preliminary Order of Forfeiture, Document 16, filed 10/09/24, No. 4:24-CR-00061-M, United States of America v. Anthony Dejuan Lynch, Eastern District of North Carolina, Eastern Division. It recites that the defendant pleaded guilty under a written plea agreement to Count One of the Criminal Information, citing 18 U.S.C. § 1341, and stipulates to personally obtaining at least $144,000.00 in proceeds. The order states that a sum of money in the amount of $144,000.00 is forfeited to the United States as a forfeiture money judgment, with substitute assets available under 21 U.S.C. § 853(p). It provides that the order is final as to the defendant upon entry. The signature block names Richard E. Myers II, Chief United States District Judge.

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“Consent Preliminary Order of Forfeiture — United States v. Anthony Dejuan Lynch (E.D.N.C.).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-4-24-cr-00061-dkt-16-e-d-n-c-dc7a925ac0/, SHA-256 ef480e4f89e220926f1639d078d89f854ce929617d2e0e116b441a0cff663ed9.

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION FIL.E:OINOPl!NCOURT
ON ---1:Eiq /420::1 t/ ~
NO. 4:24-CR-00061 -M Peter A. Moore, Jr., Clerk
U:S District Court
&Aim District of NC
UNITED STATES OF AMERICA

V. CONSENT PRELIMINARY
ORDER OF FORFEITURE
ANTHONY DEJUAN LYNCH

WHEREAS, the above-named defend nt has pleaded guilty pursuant to a

written plea agreement to Count One of the Criminal Information, charging the

defendant with offenses in violation of 18 U.S.C. § 1341;

AND WHEREAS, the defendant consents to the terms of this Order and to the

forfeiture of the property that is the subject of this Order of Forfeiture; stipulates and

agrees that he/she personally obtained at least $144,000.00 in proceeds from the

offense, and further agrees that he/she made the proceeds unavailable as a result of

his/her acts or omissions and one or more of the conditions to forfeit substitute assets

exists, as set forth in 21 U.S.C. § 853(p);

AND WHEREAS, the defendant stipulates and agrees that the defendant

individually, or in combination wit h one or more co-defendants, has or had an

ownership, beneficial, possessory, or other legal interest in and/or exercised dominion

and control over each item of property that is subject to forfeiture herein;

AND WHEREAS, the defendant knowingly and expressly agrees to waive the

requirements of Federal Rules of Criminal Procedure l l(b)(l)(J), 32. 2(a), 32.2(b)(l),

32.2(b)(4), a nd 43(a), including waiver of any defect respecting notice of the forfeiture

Case 4:24-cr-00061-M Document 16 Filed 10/09/24 Page 1 of 4
in the charging instru ment or the plea colloquy; waiver of t he right to a hearing to

present additional evidence respecting the forfe itability of any specific property or the

amount of any forfeiture money judgment; waiver of t he right to be present during

any judicial proceeding respecting the forfeiture of the property that is the subject of

this Order of Forfeiture or to receive further notice of the same; waiver of any defect

respecting the announcement of the forfeiture at sentencing; and waiver of any defect

respecting the inclusion of the forfeiture in the Court's judgment;

AND WHEREAS, the defendant knowingly and expressly agrees that the

provisions of this Consent Preliminary Or der of Forfeiture are intended to, and shall,

survive t he defendant's deat h, notwithstanding t he abatement of any underlying

criminal conviction after the entry of t his Order; and that the forfeitability of any

particular property identified herein sh all be determined as if defendant h ad

survived, and t hat determination shall be binding upon defendant's heirs, successors

and assigns until t he agree d forfeiture, including any agreed money judgment

amount, is collected in full ;

N OW, THEREF ORE, based upon t he Memora ndum of Plea Agreement , t he

stipulations of the parties, and all of t he evidence of r ecord in this case, the Court

FINDS as fact a nd CONCLUDES as a matter of law t hat there is a nexus between

each item of property listed below and the offense (s) to which the defendant has

pleaded guilty, and that t he defendant (or any combination of defendants in this case)

h as or had an interest in the property to be forfeite d,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

Case 4:24-cr-00061-M Document 16 Filed 10/09/24 Page 2 of 4
1. The following property is forfeited to the United States pursuant to Fed.

R. Crim. P . 32.2(b)(2) and 18 U.S.C. § 981(a)(l)(C) :

Forfeiture Monev J udgment:

a) A sum of money in the amount of $144,000.00, repre sent ing the gross

proceeds personally obtained by the defendant as a result of the

offense(s) for which he/she has been convicted; and a n amount for

which the defendant shall be solely liable and in satisfaction of which

t he United States may forfeit substitute assets pursuant to 21 U.S.C.

§ 853(p).

2. Pursuant to Fed. R. Crim. P . 32.2(b)(3) and 32.2(c)(l )(B), the United

States is authorized to conduct any discovery pursua nt to the applicable Federal

Rules of Civil Procedure needed to identify, locate, or dispose of the above -referenced

property, or other substitute assets, including depositions, interrogatories, requests

for production of documents and for admission, and the issuance of subpoenas.

3. To the extent this Order constitutes a personal forfe it ure money

judgment against the defendant, in accordance with Fed. R. Crim. P . 32.2(b)(6)(A),

the United States is not required to send or publish notice of t he same, as there is no

specific property to be forfeited. However, this Order may be recorded in the records

of the Clerk of Court in any county in which the defendant resides or has either real

or personal property as a lien thereon. Pursuant to Rule 32.2(e) of the Federal Rules

of Criminal Procedure, t he United States may move to amend t his Order at any time

to forfeit other property in which t he defendant has an interest, whether directly

Case 4:24-cr-00061-M Document 16 Filed 10/09/24 Page 3 of 4
. '

forfeitable or substitute assets , to satisfy this forfe iture money judgment in whole or

in part; provided that the net proceeds of any subsequently forfeited assets sh all be

credited toward satisfaction of the judgment upon liquidation.

4. Upon sentencing and issuance of the J udgment and Commitment Order,

the Clerk of Court is DIRECTED to incorporate a reference to this Order of Forfeiture

in the applicable section of t he Judgment, as required by Fed. R. Crim. P.

32.2(b)(4)(B). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), with the defendant's

consent, this Order shall be final as to the defendant upon entry.

5. The Court shall retain jurisdiction to enforce this Order, and to amend

it as necessary, pursuant to Fed. R. Crim. P. 32.2(e).

O_oh_~-----' 2024.
SO ORDERED, this the qfu day of _ _

RICHARD E. MYERS II
CHIEF UNITED STATES DISTRI CT JUDGE

WE ASK FOR THIS:

MICHAEL F. EASLEY, JR.
United States Attorney
Ck½~
ANTHONY DEJUAN LYNCH

Assistant United States Attorney
Criminal Division

Case 4:24-cr-00061-M Document 16 Filed 10/09/24 Page 4 of 4

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