Preliminary Order of Forfeiture — U.S. v. Yates (E.D. Tex.)

Summary

A preliminary order of forfeiture in United States v. Samuel Morgan Yates, No. 5:21-CR-3, in the U.S. District Court for the Eastern District of Texas, Texarkana Division, filed May 10, 2022 as Document 69. Noting that Yates pleaded guilty to Counts One and Two of the indictment, the order grants the government's motion to forfeit, as proceeds traceable to wire fraud, U.S. currency seized from an account at Red River Employees Federal Credit Union and a money judgment of $28,500.60. It directs publication of notice at www.forfeiture.gov for at least 30 consecutive days and sets the procedure for third-party petitions. The 3-page order is dated the 10th day of May, 2022 and names United States Magistrate Judge Caroline M. Craven.

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Case 5:21-cr-00003-RWS-JBB Document 69 Filed 05/10/22 Page 1 of 3 PageID #: 272




                           IN THE UNITED STATES DISTRICT COURT
                            FOR THE EASTERN DISTRICT OF TEXAS
                                   TEXARKANA DIVISION

 UNITED STATES OF AMERICA                        §
                                                 §
 v.                                              §               No. 5:21-CR-3
                                                 §
 SAMUEL MORGAN YATES                             §

                           PRELIMINARY ORDER OF FORFEITURE

          Defendant Samuel Morgan Yates pleaded guilty to Counts One and Two of the

 indictment. Pursuant to 18 U.S.C. §§ 981(a)(1) and 982(a)(1), the government requests

 that defendant’s right, title, and interest to the following be forfeited to the United States,

 as this property constitutes or is derived from proceeds traceable to the offense of wire

 fraud:

          a.      United States Currency

                  $504.815.40 in U.S. currency seized from Account No. xx6734 at Red

                  River Employees Federal Credit Union.

          b.      Cash Proceeds

                  A sum of money equal to $28,500.60 in U.S. currency, and all interest and

                  proceeds traceable thereto, representing the amount of proceeds obtained by

                  the defendant as a result of the offenses alleged in the indictment, for which

                  the defendant is personally liable.

          The United States is now entitled to possession of the above-referenced property

 pursuant to 18 U.S.C. §§ 981(a)(1) and 982(a)(1).



 Preliminary Order of Forfeiture – Page 1
Case 5:21-cr-00003-RWS-JBB Document 69 Filed 05/10/22 Page 2 of 3 PageID #: 273




         Accordingly, the government’s motion for a preliminary order of forfeiture is

 granted.

         The Court further orders that that:

         1.       Based upon the plea of defendant and the findings entered by the Court, the

 United States is hereby authorized to seize the aforementioned property. The property is

 forfeited to the United States for disposition in accordance with the law, subject to the

 provisions of Rule G(4)(a)(i) of the Supplemental Rules for Admiralty or Maritime and

 Asset Forfeiture Claims.

         2.       The forfeited property is to be held by the custodial agency, its agents, and

 vendors, in their custody and control.

         3.       Pursuant to 21 U.S.C. § 853(n), Supplemental Rule G(4)(a)(vi)(C), and the

 Attorney General’s authority to determine the manner of publication for an order of

 forfeiture in a criminal case, the United States shall publish for at least 30 consecutive

 days at www.forfeiture.gov notice of this preliminary order of forfeiture, notice of the

 United States’ intent to dispose of the property in such manner as the Attorney General

 may direct, and notice that any person, other than defendant, having or claiming a legal

 interest in the above-described forfeited property must file a petition with the court no

 later than 30 days after the final date of publication of notice, or receipt of actual notice,

 whichever is earlier. To the extent the forfeited property consists of cash proceeds

 obtained by defendant and for which defendant is personally liable, no ancillary

 proceeding is required to adjudicate the interest of the forfeited property, pursuant to Rule

 32.2(c)(1).

 Preliminary Order of Forfeiture – Page 2
Case 5:21-cr-00003-RWS-JBB Document 69 Filed 05/10/22 Page 3 of 3 PageID #: 274




         4.       The notice shall state that the petition shall be for a hearing to adjudicate the

 validity of petitioner’s alleged interest in the 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 the forfeited property, the time and circumstances of petitioner’s

 acquisition of the right, title, and interest in the forfeited property, and any additional facts

 supporting the petitioner’s claim and the relief sought.

         5.       The government may also, to the extent practicable, provide direct written

 notice to any person known to have alleged an interest in the property that is the subject

 of the order of forfeiture as a substitute for published notice as to those persons so
. notified.

         6.       The government may, at any time, move to amend this order of forfeiture to

 include substitute property having a value not to exceed $28,500.60 to satisfy the amount

 of cash proceeds forfeited by defendant in whole or in part, pursuant to Fed. R. Crim. P.

 32.2(e).

         7.       The United States District Court shall retain jurisdiction in the case for the

 purpose of enforcing this order.

         SIGNED this 10th day of May, 2022.




                                                     ____________________________________
                                                     CAROLINE M. CRAVEN
                                                     UNITED STATES MAGISTRATE JUDGE




 Preliminary Order of Forfeiture – Page 3


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