Motion for an Amended Preliminary Order of Forfeiture — United States v. Derges (W.D. Mo., Document 190)

Summary

The Motion of the United States for an Amended Preliminary Order of Forfeiture, with Supporting Suggestions, filed September 9, 2022 as Document 190 in United States of America v. Patricia Ashton Derges, Case No. 21-03016-01-CR-S-BCW, in the U.S. District Court for the Western District of Missouri, Southern Division. The United States asks the Court to amend the Preliminary Order of Forfeiture entered August 23, 2022 (D.E. 189) to include a money judgment representing proceeds obtained as a result of the offenses, in an amount to be determined by the Court at sentencing. It states that its earlier motion inadvertently omitted that request. The motion also seeks forfeiture of approximately $287,565.33 seized from a Great Southern Bank account in the name of Ozark Valley Medical Clinic LLC.

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                    IN THE UNITED STATES DISTRICT COURT FOR THE
                            WESTERN DISTRICT OF MISSOURI
                                 SOUTHERN DIVISION

 UNITED STATES OF AMERICA,

                              Plaintiff,
                                                     Case No. 21-03016-01-CR-S-BCW
               v.

 PATRICIA ASHTON DERGES,

                               Defendant.


       MOTION OF THE UNITED STATES FOR AN AMENDED PRELIMINARY
         ORDER OF FORFEITURE, WITH SUPPORTING SUGGESTIONS

        The United States of America, by its undersigned counsel, respectfully submits its Motion

for an Amended Preliminary Order of Forfeiture in the above-entitled case for the purpose of

including a money judgment representing proceeds obtained by the defendant as a result of

offenses for which the defendant was found guilty.

                                 SUPPORTING SUGGESTIONS

        1.      In the Forfeiture Allegation contained in the Superseding Indictment in this case,

the United States sought forfeiture of all property, real and personal, obtained directly or indirectly,

as a result of the offenses alleged in Counts One through Eight and Twenty-One through Twenty-

Three of the Superseding Indictment. Specifically, the United States sought a monetary judgment

that constitutes the sum of the aggregate proceeds in United States currency of the fraudulent

scheme that resulted directly from the commission of the offenses alleged in Counts One through

Eight and Twenty-One through Twenty-Three of the Superseding Indictment, pursuant to Title 18,

United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c). (D.E.

18.)




         Case 6:21-cr-03016-BCW Document 190 Filed 09/09/22 Page 1 of 4
       2.      On April 13, 2021, an Amended Notice and Bill of Particulars for Forfeiture of

Property was filed by the United States giving notice that it is seeking forfeiture of the following

property: approximately $287,565.33 in United States currency seized from a Great Southern Bank

Account, ending in 4503, in the name of Ozark Valley Medical Clinic LLC, on or about March 24,

2021, an account controlled by Patricia Ashton Derges as proceeds directly traceable to the

violations alleged in Counts One through Eight and Twenty-One through Twenty-Three of the

Superseding Indictment. (D.E. 27.)

       3.      On June 28, 2022, a jury found the defendant, Patricia Ashton Derges, guilty of,

inter alia, Counts One through Seven and Twenty-One through Twenty-Three of the Superseding

Indictment. The jury also determined that the United States established the requisite nexus

between the above-described property and the offenses committed by the defendant. (D.E. 182.)

       4.      On August 3, 2022, the United States filed a Motion for Preliminary Order of

Forfeiture. (D.E. 187). The motion inadvertently omitted a request for a monetary judgment

against the Defendant based upon the jury’s finding of guilt as to Counts One through Seven and

Twenty-One through Twenty-Three. Pursuant to the motion by the United States, on August 23,

2022, this Court entered a Preliminary Order of Forfeiture against the defendant. (D.E. 189).

       5.      The entry of an Order of Forfeiture in the form of a personal money judgment is

specifically authorized by Rule 32.2(b)(1) and (c)(1) of the Federal Rules of Criminal Procedure.

Forfeiture money judgments are authorized by Title 21, United States Code, Section 853(o) and

(p). United States v. Johnson, No. 17-3776, 2020 WL 1845063, at *5 (8th Cir. Apr. 13, 2020)

(affirming money judgment based on proceeds of offense); United States v. Smith, 656 F.3d 821,

827 (8th Cir. 2011). Once the Order of Forfeiture is entered, the Government may move at any

time, pursuant to Rule 32.2(e)(1)(B), to amend the Order to forfeit specific property of the



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         Case 6:21-cr-03016-BCW Document 190 Filed 09/09/22 Page 2 of 4
defendant, having a value up to the amount of the money judgment, as substitute assets.

Johnson, 2020 WL 1845063, at *5, n.5.

        6.       Therefore, the United States is now seeking to amend the Preliminary Order of

Forfeiture to seek forfeiture of a monetary judgment in an amount to be determined by the Court

at sentencing.

        7.       The United States requests that the Court orally announce the final calculated

amount of the money judgment at the time of sentencing and that the Court include the final

calculated amount of the money judgment in its Judgment and Commitment Order. See FED. R.

CRIM. P. 32.2(b)(4)(B).

        WHEREFORE, the United States respectfully requests that this Court enter an amended

preliminary order of forfeiture forfeiting to the United States approximately $287,565.33 in United

States currency seized from a Great Southern Bank Account, ending in 4503, in the name of Ozark

Valley Medical Clinic LLC, on or about March 24, 2021, an account controlled by Patricia Ashton

Derges. The United States further requests that this Court enter an order directing a money

judgment against the defendant Patricia Ashton Derges for the amount of proceeds she obtained

as a result of wire fraud.


                                               Respectfully submitted,

                                               Teresa A. Moore
                                               United States Attorney

                                       By

                                               /s/ Shannon T. Kempf
                                               Shannon T. Kempf
                                               Assistant United States Attorney
                                               901 St. Louis Street, Suite 500
                                               Springfield, Missouri 65806
                                               Telephone: (417) 831-4406

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         Case 6:21-cr-03016-BCW Document 190 Filed 09/09/22 Page 3 of 4
                                CERTIFICATE OF SERVICE

        I hereby certify that on, September 9, 2022, the foregoing motion was electronically filed
with the Clerk of the Court using the CM/ECF system, for electronic delivery to all counsel of
record.


                                             /s/ Shannon T. Kempf
                                             Shannon T. Kempf
                                             Assistant United States Attorney




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        Case 6:21-cr-03016-BCW Document 190 Filed 09/09/22 Page 4 of 4


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