Consent Preliminary Order of Forfeiture — United States v. Reynold Eugene Mullen (Document 50)

Summary

A Consent Preliminary Order of Forfeiture, filed 07/15/24 as Document 50 in United States v. Reynold Eugene Mullen, Case 5:23-cr-00033-D, in the U.S. District Court for the Eastern District of North Carolina, Western Division. The order states that Mullen pleaded guilty under a written plea agreement to Counts One and Two of a criminal information charging offenses under 18 U.S.C. 1349, 1956(h) and 1957, and consents to forfeiture. It enters a money judgment of $4,283,053.33, of which $2,019,571.93 is joint and several with the judgment against Tiffany Dawn Russell in Case No. 5:20-CR-505-D. It also forfeits about $76,591.15 in a law firm trust account from the sale of real property, authorizes the government to seek discovery, and lets it move to amend the order for substitute assets.

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

“Consent Preliminary Order of Forfeiture — United States v. Reynold Eugene Mullen (Document 50).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-23-cr-00033-dkt-50-e-d-n-c-74fe831277/, SHA-256 34b676a525b9c83e84390ff6b12e88394321c9541ec063b6ca7653c9247494f1.

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

NO. 5: ).~-C(l.-~3-- ID
UNITED STATES OF AMERICA

v. CONSENT PRELIMINARY
ORDER OF FORFEITURE
REYNOLD EUGENE MULLEN

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

written plea agreement to Count(s) One and Two of the Criminal Information,

charging the defendant with offenses in violation of 18 U.S.C. §§ 1349, 1956(h) &

1957;

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 the property involved in or traceable to the offense(s) to which he/she pled

guilty is valued at $4,283,053.33, and further agrees that he/she made such property

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 stipulates

and agrees that each item of property was involved in or traceable to property

involved in the money laundering offense(s) to which he/she pled guilty, .ahd is

thereby subject to forfeiture pursuant to 18 U.S.C. § 982(a)(l);

AND WHEREAS, the defendant stipulates and agrees that the defendant

individually, or in combination with one or more co-defendants, has or had an
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Case 5:23-cr-00033-D Document 50 Filed 07/15/24 Page 1 of 8
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 ll(b)(l)(J), 32.2(a), 32.2(b)(l),

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

in the charging instrument or the plea colloquy; waiver of the right to a hearing to

present additional evidence respecting the forfeitability of any specific property or the

amount of any forfeiture money judgment; waiver of the 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 Order ofForfeiture'are intended to, and shall,

survive the defendant's death, notwithstanding the abatement of any underlying

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

particular property identified herein shall be determined as if defendant had

survived, and that determination shall be binding upon defendant's heirs, successors

and _assigns until the agreed forfeiture, including any agreed money judgment

amount, is collected in full;

NOW, THEREFORE, based upon the Plea Agreement, the stipulations of the

parties, and all of the evidence of record in this case, the Court FINDS as fact and

Case 5:23-cr-00033-D Document 50 Filed 07/15/24 Page 2 of 8
CONCLUDES as a matter oflaw that there is a nexus between each item of property

listed below and the offense(s) to which the defendant has pleaded guilty, and that

the defendant (or any combination of defendants in this case) has or had an interest

in the property to be forfeited,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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. §§ 982(a)(l) & 982(a)(2)(A):

Forfeiture Money Judgment:

a) A sum of money in the amount of $4,283,053.33, representing the

value of the property involved in or traceable to the offense(s) for

which he/she has been convicted and in satisfaction of which the '

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

853(p), and $2,019,571.93 of which shall be joint and several with the

forfeiture money judgment entered against TIFFANY DAWN

RUSSELL in Case No. 5:20-CR-505-D

Personal Property:

b) Approximately $76,591.15 in United States Currency currently held

in the IOLTA trust account of Gammon, Howard & Zeszotarski,

PLLC, representing the proceeds of the sale of real property having

the physical address of 3709 S. Virginia Dare Trail, Nags Head,

North Carolina 27959, including any and all appurtenances and '

improvements thereto, being last titled, prior to said sale, to

Case 5:23-cr-00033-D Document 50 Filed 07/15/24 Page 3 of 8
TDRLEGAL PROPERTY MANAGEMENT, LLC, and legally

described in a deed recorded at deed book 2498, page 156, in the Dare

County Registry in the State of North Carolina

2. Pursuant to Fed. R. Crim. P. 32.2(b)(3), the U.S. Attorney General,

Secretary of the Treasury, Secretary of Homeland Security, or a designee is

authorized to seize, inventory, and otherwise maintain custody and control of the

property, whether held by the defendant or by a third-party. Any person who

knowingly destroys, damages, wastes, disposes of, transfers, or otherwise

takes any action with respect to the property, or attempts to do so, for the

purpose of preventing or impairing the Government's lawful authority to

-take such property into its custody or control or to continue holding such

property under its lawful custody and control, may be subject to criminal

prosecution pursuant to 18 U.S.C. § 2232(a).

3. 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 pursuant 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.

4. To the extent this Order constitutes a personal forfeiture 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 the same, as there is no
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specific property to be forfeited. However, this Order may be recorded in the records

Case 5:23-cr-00033-D Document 50 Filed 07/15/24 Page 4 of 8
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, the United States may rµove to amend this Order at any time

to forfeit other property- in which the defendant has an interest, whether directly

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

in part; provided that the net proceeds of any forfeited assets, including the specified

real and/or personal property listed in paragraph(s) 1, as well as any net proceeds

credited toward the $2,019,571.93 forfeiture money judgment entered against

TIFFANY DAWN RUSSELL in Case No. 5:20-CR-505-D, shall be credited toward

satisfaction of the judgment upon liquidation.

5. If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C.

§ 853(n), and/or other applicable law, the United States shall provide notice of this

Order and of its intent to dispose of the specified real and/or personal property listed

above, by publishing and sending notice in the same manner as in civil forfeiture

cases, as provided in Rule G(4) of the Supplemental Rules for Admiralty or Maritime

Claims and Asset Forfeiture Actions. The United States shall then file a Notice with

the Court documenting for the record: (1) proof of publication, or the government's

reliance on an exception to the publication requirement found in Supplemental Rule -

G(4)(a)(i); and (2) the government's efforts to send direct notice to all known potential

third-party claimants in accordance with Supplemental Rule G(4)(b)(iii), or a

representation that no other potential claimants are known to the government. This

Order shall not take effect as the Court's Final Order of Forfeiture until an

Case 5:23-cr-00033-D Document 50 Filed 07/15/24 Page 5 of 8
I

appropriate Notice has been filed and the time in which any third parties with notice

of the forfeiture are permitted by law to file a petition has expired.

6. Any person other than the above-named defendant, having or

claiming any legal interest in the subject property must, within 30 days of

the final publication of notice or of receipt of actual notice, whichever is

earlier, petition the Court to adjudicate the validity of the asserted interest

pursuant to Fed. R. Crim. P. 32.2(c)(l) and 21 U.S.C. § 853(n)(2). The petition

must be signed ,~Y the petitioner under penalty of perjury and shall set

forth: the nature and extent of the petitioner's right, title, or interest in the

subject property; the time and circumstances of the petitioner's acquisition

of the right, title, or interest in the property; any additional facts supporting

the petitioner's claim; and the relief sought.

7. If one or more timely petitions are received by the Court, the Court will

enter a separate scheduling order governing the conduct of any forfeiture ancillary

proceedings under Fed. R. Crim. P. 32.2(c). Following the Court's disposition of all

timely filed petitions, a Final Order of Forfeiture that amends this Order as necessary

to account for any third-party rights shall be entered pursuant to Fed. R. Crim. P.

32.2(c)(2) and 21 U.S.C. § 853(n)(6). The receipt of a petition as to one or more specific

items of property shall not delay this Order of Forfeiture from becoming final, in

accordance with the following paragraph, as to any remaining property to which no

petition has been filed.

Case 5:23-cr-00033-D Document 50 Filed 07/15/24 Page 6 of 8
8. If no third party files a timely petition, or if this Court denies and/or

dismisses all third party petitions timely filed, this Order shall become the Final

Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2), and the United States

shall dispose of the property according to law, including without limitation

liquidation by sale or any other commercially feasible means, de~truction, and/or

retention or transfer of an asset for officialuse. The United States shall have clear

title to the property and may warrant good title to any subsequent purchaser or

transferee pursuant to·21 U.S.C. § 853(n)(7).

9. Upon sentencing and issuance of the Judgment and Commitment Order,

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

in the applicable section of the 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.

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

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

SO ORDERED, this the _j__ day of -Su~~ , 2023 .

•J SC. DEVER III
UNITED STATES DISTRICT JUDGE

Case 5:23-cr-00033-D Document 50 Filed 07/15/24 Page 7 of 8
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WE ASK FOR THIS:

MICHAEL F. EASLEY, JR.
United States Attorney REYNLD EUGENE MULLEN
Defendant

BY:Us4-:. I~
LISA K. LABRESH
Special Assistant United States Attorney
Criminal Division

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Case 5:23-cr-00033-D Document 50 Filed 07/15/24 Page 8 of 8

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