Preliminary Order of Forfeiture (Eastern District of North Carolina, Document 60)

Summary

A preliminary order of forfeiture, Document 60, filed February 27, 2025 in No. 5:23-CR-00299-M in the U.S. District Court for the Eastern District of North Carolina, Western Division. The order recites that the defendant pleaded guilty under a written memorandum of plea agreement to Count One of the Superseding Criminal Indictment, charging offenses in violation of 18 U.S.C. § 1349, and that the government's motion shows the defendant personally obtained at least $44,004.00 in proceeds. It orders a "Forfeiture Money Judgment" of $44,004.00 and authorizes the United States to conduct discovery to identify substitute assets under 21 U.S.C. § 853(p). The order becomes final as to the defendant at sentencing. The signature block names Richard E. Myers II, Chief United States District Judge.

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“Preliminary Order of Forfeiture (Eastern District of North Carolina, Document 60).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-23-cr-00299-dkt-60-e-d-n-c-4bfd7993f4/, SHA-256 a4902fa64761bbf62186ca20abfa176465489bb89373a458cfbcdb45a03af65a.

Full text

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

NO. 5:23-CR-00299-M

UNITED STATES OF AMERICA

V. PRELIMINARY ORDER
OF FORFEITURE
SONYA LENISE DA VIS ,

Defendant.

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

memorandum of plea agreement to Count One of the Superseding Criminal Indictment charging

the defendant with offenses in violation of 18 U.S.C. § 1349;

AND WHEREAS, the government has filed a motion for entry of a Preliminary Order of

Forfeiture, showing unto the court: that the defendant personally obtained at least $44,004.00 in

proceeds from the offense, and that she made the proceeds unavailable as a result of 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).

NOW, THEREFORE, based upon the defendant' s guilty plea, the stipulations contained in

the Memorandum of Plea Agreement, the points and authorities in the government's motion, and

all of the evidence of record in this case, the court FINDS as fact and 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:

Case 5:23-cr-00299-M-RJ Document 60 Filed 02/27/25 Page 1 of 3
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 Money Judgment:

a) A sum of money in the amount of $44,004.00 representing the gross proceeds

personally obtained by the defendant as a result of the offense(s) for which

she has been convicted; and an amount for which the defendant shall be

solely liable and in satisfaction of which the 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 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.

3. To the extent this Order constitutes a personal forfeiture money judgment against

the defendant, the United States is not required to send or publish notice of the 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, the United

States may move 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 subsequently forfeited assets

shall be credited toward satisfaction of the judgment upon liquidation.

Case 5:23-cr-00299-M-RJ Document 60 Filed 02/27/25 Page 2 of 3
4. 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), this Order shall become final as to the defendant at sentencing.

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).

SO ORDERED this ~ of February, 2025.
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~ ) [__ M 1-<NS -3-
-
RICHARD E. MYERS II
CHIEF UNITED STATES DISTRICT JUDGE

Case 5:23-cr-00299-M-RJ Document 60 Filed 02/27/25 Page 3 of 3

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