First Amended Preliminary Order of Forfeiture — United States v. Carruthers (E.D. Mich., ECF No. 39)

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A First Amended Preliminary Order of Forfeiture in United States of America v. Ryan Carruthers, Case No. 23-cr-20406, in the U.S. District Court for the Eastern District of Michigan, Southern Division, ECF No. 39, filed 11/17/25 in Case 2:23-cr-20406-JEL-DRG. The order recites that on December 5, 2023, the Court entered a Stipulated Order of Forfeiture with a money judgment of $851,963.00 for a violation of 18 U.S.C. § 1343 (Wire Fraud), and that the $386,583.00 balance remains unpaid. It amends the Preliminary Order of Forfeiture to allow forfeiture of listed vehicles and a pontoon as substitute assets under 21 U.S.C. § 853(p). It is dated November 17, 2025 and signed s/Judith E. Levy, United States District Judge.

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Case 2:23-cr-20406-JEL-DRG ECF No. 39, PageID.236 Filed 11/17/25 Page 1 of 5




                      UNITED STATES DISTRICT COURT
                      EASTERN DISTRICT OF MICHIGAN
                           SOUTHERN DIVISION

United States of America,

                   Plaintiff,                       Case No. 23-cr-20406
                                                    Honorable Judith E. Levy
vs.

Ryan Carruthers,

                   Defendant.


                 First Amended Preliminary Order of Forfeiture


      On December 5, 2023, the Court entered a Stipulated Order of Forfeiture

against defendant Ryan Carruthers (“defendant”) ordering a money judgment

against the defendant in the amount of $851,963.00 in United States Currency

which constitutes proceeds obtained directly or indirectly as a result of defendant’s

violation of 18 U.S.C. § 1343 (Wire Fraud) of the Information.

       The Stipulated Order of Forfeiture further ordered that any assets the

 defendant has or may acquire may be forfeited as substitute assets under 21 U.S.C.

 § 853(p)(2). The United States motioned, pursuant to Rule 32.2(e) of the Federal

 Rules of Criminal Procedures and 21 U.S.C. § 853(p) to amend the Stipulated

 Order of Forfeiture to include the following substitute assets:

          1965 Pontiac with VIN 262675P294782;
          2010 Chevrolet Camaro with 2G1FK1EJ6A9119196;
Case 2:23-cr-20406-JEL-DRG ECF No. 39, PageID.237 Filed 11/17/25 Page 2 of 5




              2016 International 4000 with VIN 1HTMMMML9GH107015; and
              2020 Smokercraft pontoon with Hull ID SUN29452B020.

(Hereinafter referred to as the “Subject Property”)

        On December 5, 2023, the defendant was sentenced before this Honorable

Court. On December 8, 2023, judgment was entered which included the imposition

of a forfeiture money judgment in the amount of $851,963.00. (ECF 29). The

$386,583.00 balance of the forfeiture money judgment remains unpaid.

        The aforementioned Subject Property applied as a substitute asset will

provide an appropriate and partial satisfaction of the defendant’s outstanding

forfeiture money judgment.

        Based on the government’s motion and brief in support to amend the

stipulated order of forfeiture, the supporting Affidavit, other information in the

record, and pursuant to Federal Rule of Criminal Procedure 32.2(c)(2), the Court

finds there is good cause to properly amend the order of forfeiture and grant the

government’s motion to forfeit the Subject Property as a substitute asset.

        NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED

that:

        1.     The Preliminary Order of Forfeiture (ECF No. 28) is amended to allow

the forfeiture of said Subject Property as a substitute asset under Rule 32.2(e) and

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Case 2:23-cr-20406-JEL-DRG ECF No. 39, PageID.238 Filed 11/17/25 Page 3 of 5




18 U.S.C. § 853(p).

   2. Upon entry of this Order, the United States, its designee, the U.S. Customs

      and Border Protection ("CBP"), Homeland Security Investigations (HIS)

      and/or the U.S. Marshals Service ("USMS") are authorized, pursuant to

      Fed.R.Crim.P. 32.2(b)(2) and (3), to seize any property identified above

      which is not currently in its custody or control, to conduct any discovery that

      the Court considers proper to help identify, locate, or dispose of any property

      seized, and the United States is authorized to begin proceedings consistent

      with applicable statutory requirements pertaining to ancillary hearings and

      the rights of any third parties.

      3.     Pursuant to 21 U.S.C. § 853(n), Fed. R. Crim. P. Rule 32.2, and other

applicable rules, the United States shall publish notice of this Preliminary Order of

Forfeiture and of its intent to dispose of the Subject Property on

www.forfeiture.gov, for at least thirty consecutive days. The United States may

also, to the extent practicable, provide direct written notice to any person or entity

known to have an alleged interest in the Subject Property. The aforementioned

notice shall direct that any person, other than Defendant, asserting a legal interest in

the Subject Property must file a petition with the Court within thirty (30) days of the

final date of publication of notice or within thirty (30) days of receipt of actual
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Case 2:23-cr-20406-JEL-DRG ECF No. 39, PageID.239 Filed 11/17/25 Page 4 of 5




notice, whichever is earlier. The petition shall be for a hearing before the Court

alone, without a jury and in accordance with 21 U.S.C. § 853(n), to adjudicate the

validity of the petitioner’s alleged interest in the Subject Property. Any petition

filed by a third party asserting an interest in the Subject Property must be signed by

the petitioner under penalty of perjury and must set forth the nature and extent of

the petitioner's alleged 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

Subject Property, any additional facts supporting the petitioner's claim, and the

relief sought.

      4.     After the disposition of any motion filed under Fed. R. Crim. P.

32.2(c)(1)(A) and before a hearing on any ancillary petition, the United States may

conduct discovery in accordance with the Federal Rules of Civil Procedure upon a

showing that such discovery is necessary or desirable to resolve factual issues in the

ancillary proceeding.

      5.     If no third party files a timely petition before the expiration of the

period provided in 21 U.S.C. § 853(n)(2), then this Preliminary Order of Forfeiture

shall become the Final Order of Forfeiture and the United States shall have clear

title to the Subject Property as provided in 21 U.S.C. § 853(n)(7) and Fed. R. Crim.



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Case 2:23-cr-20406-JEL-DRG ECF No. 39, PageID.240 Filed 11/17/25 Page 5 of 5




P. 32.2(c)(2); further, the United States shall be authorized to dispose of the Subject

Property as prescribed by law.

      6.     If a third party files a timely petition for ancillary hearing regarding the

Subject Property, the Court shall enter a final order of forfeiture by amending this

Preliminary Order of Forfeiture as necessary to account for any third-party rights as

provided under Fed. R. Crim. P. 32.2(c)(2).

      7.     All other terms of the Preliminary Order of Forfeiture remain in full

force and effect.

      8.     The Court shall retain jurisdiction to enforce this Order, to amend it,

and to amend the Preliminary Order of Forfeiture as necessary pursuant to Federal

Rules of Criminal Procedure 32.2(e).


IT IS SO ORDERED.

Date: November 17, 2025                        s/Judith E. Levy
                                               JUDITH E. LEVY
                                               United States District Judge




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