Consent Order and Judgment of Forfeiture — U.S. v. Maurice Kamgaing, 3:21-cr-00114 (W.D.N.C., Dkt. 28)

Summary

Document 28, filed 01/06/22, in Case 3:21-cr-00114, is a Consent Order and Judgment of Forfeiture in United States of America against Maurice Kamgaing. It rests on the defendant's plea of guilty and a finding of a nexus between the listed property and the offense(s) to which the defendant pled guilty. It orders forfeiture of a money judgment in the amount of $1,506,463, described as proceeds traceable to the offense, and of assets in two Merrill Edge accounts, one in the name of Maurice Kamgaing and one in the name of Apiagne, Inc., as well as real property in Archdale, North Carolina. It states that forfeiture of specific assets is subject to third-party petitions pending final adjudication, and that the defendant waives notice requirements and withdraws any earlier administrative claim.

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FILED
Charlotte, NC

IN THE UNITED STATES DISTRICT COURT JAN -6 2022
FOR THE WESTERN DISTRICT OF NORTH CAROLINA —

Western District NC
DOCKET NO.: 3:21er114

UNITED STATES OF AMERICA, )
) CONSENT ORDER AND
v. ) JUDGMENT OF FORFEITURE
) PENDING RULE 32.2(c)(2)
MAURICE KAMGAING )

BASED UPON the Defendant’s plea of guilty and finding that there is a nexus between
the property listed below and the offense(s) to which the Defendant has pled guilty and that the
Defendant (or any combination of Defendants in this case) has or had a possessory interest or other
legal interest in the property, [T IS HEREBY ORDERED THAT:

I. The following property is forfeited to the United States pursuant to 18 U.S.C, § 982
and 28 U.S.C. § 2461 (c), provided, however, that forfeiture of specific assets is subject to any and
all third-party petitions under 21 U.S.C. § 853(n), pending final adjudication herein:

A forfeiture money judgment in the amount of $1,506,463, such amount constituting
the proceeds traceable to the offense to which Defendant pled guilty. Defendant
stipulates that the Government may satisfy the money judgment via forfeiture of
proceeds as defined in 18 U.S.C. § 981, 18 U.S.C. § 982, and/or substitute property as
defined in 21 U.S.C. § 853(p). For purposes of forfeiture under Section 853(p),
Defendant stipulates that, as a result of acts or omissions of Defendant, one or more
provisions of Section 853(p)(1)(A)-(E) are satisfied;

All assets in Merrill Edge Account 7700 (also identified as IMC Account 7700), such
account held in the name of Maurice Kamgaing;

All assets in Merrill Edge Account 7T50 (also identified as IMC Account 7T50), such
account keld in the name of Apiagne, Inc; and

The real property at 245 Balfour Drive, Archdale, North Carolina, more particularly
described in a Deed to Apiagne, Inc., recorded in Randolph County, Deed Book 2708,
Pages 1801-1864.

2. 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 shal! publish notice and provide direct written notice
of forfeiture.

3. Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States
Attorney’s Office is authorized to conduct any discovery needed to identify, locate, or dispose of

Case 3:21-cr-00114-KDB-DSC Document 28 Filed 01/06/22 Page 1 of 2
the property, including depositions, interrogatories, and requests for production of documents, and
__to issue subpoenas pursuant to Fed. R. Civ. P. 45.

4." A forfeiture money judgment shall be included in the defendant’s sentence, and the
United States may take steps to collect the judgment from any property of the defendant, provided,
the value of any forfeited specific assets shall be credited toward satisfaction of this money
judgment upon liquidation,

The parties stipulate and agree that the aforementioned asset(s) constitute property derived
from or traceable to proceeds of defendant’s crime(s) herein and are therefore subject to forfeiture
pursuant to 18 U.S.C. §§ 982 and 28 U.S.C. § 2461i(c). The defendant hereby waives the
requirements of Fed, R. Crim. P. 32.2 and 43(a) regarding notice of the forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the
judgment against defendant. If the defendant has previously submitted a claim in response to an
administrative forfeiture proceeding regarding any of this property, defendant hereby withdraws
that claim. If defendant has not previously submitted such a claim, defendant hereby waives all
right to do so.

DENA J. KING
UNITED STATES ATTORNEY

CARYN FIRLEY
Assistant United States attoney

‘ney for Defendant

Signed this the 62 day of January, 2022.

UNITED STATES Lo SIL EL. JUDGE

Case 3:21-cr-00114-KDB-DSC Document 28 Filed 01/06/22 Page 2 of 2


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