Order of Forfeiture — United States v. Jackson (W.D. Wash., Document 168)

Summary

An Order of Forfeiture in United States v. D'Arius Akim Jackson, No. CR23-090-JHC, in the U.S. District Court for the Western District of Washington at Seattle, Document 168, filed January 29, 2024. The Court states that it reviewed the United States' Motion for Order of Forfeiture, which seeks a forfeiture money judgment of $436,677 described as proceeds of Wire Fraud, in violation of 18 U.S.C. § 1343. The order recites that Defendant agreed in the Plea Agreement to forfeit those proceeds and admitted obtaining approximately $436,677. It orders that Defendant Jackson's interest in a sum of money of $436,677 is forfeited to the United States, that the order becomes final as to Jackson at sentencing, and that the Court retains jurisdiction to enforce it.

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              Case 2:23-cr-00090-JHC Document 168 Filed 01/29/24 Page 1 of 3




 1                                                                    The Hon. John H. Chun
 2
 3
 4
 5
 6
 7                          UNITED STATES DISTRICT COURT FOR THE
                              WESTERN DISTRICT OF WASHINGTON
 8                                      AT SEATTLE
 9
10 UNITED STATES OF AMERICA,                       NO. CR23-090-JHC
11                          Plaintiff,
12                     v.
                                                   ORDER OF FORFEITURE
13
     D’ARIUS AKIM JACKSON,
14
                            Defendant
15
16
17          THIS MATTER comes before the Court on the United States’ Motion for Order of
18 Forfeiture (the “Motion”) seeking to forfeit, to the United States, Defendant D’Arius
19 Akim Jackson’s interest in a sum of money (also known as a forfeiture money judgment)
20 in the amount of $436,677, reflecting proceeds Defendant D’Arius Akim Jackson
21 obtained from committing Wire Fraud, in violation of 18 U.S.C. § 1343.
22          The Court, having reviewed the United States’ Motion, as well as the other papers
23 and pleadings filed in this matter, hereby FINDS entry of an Order of Forfeiture is
24 appropriate because:
25      x The proceeds of Wire Fraud, in violation of 18 U.S.C. §§ 1343, are forfeitable
26          pursuant to 18 U.S.C. § 981(a)(1)(C), by way of 28 U.S.C. 2461(c);
27
     Order of Forfeiture - 1                                         UNITED STATES ATTORNEY
     United States v. Jackson, CR23-090-JHC                         700 STEWART STREET, SUITE 5220
                                                                      SEATTLE, WASHINGTON 98101
                                                                            (206) 553-7970
              Case 2:23-cr-00090-JHC Document 168 Filed 01/29/24 Page 2 of 3




 1       x In Defendant’s Plea Agreement, Defendant agreed to forfeit, pursuant to 18 U.S.C.
 2          § 981(a)(1)(C), by way of 28 U.S.C. 2461(c), the proceeds Defendant obtained
 3          from committing Wire Fraud, to which Defendant pleaded guilty (Dkt. No. 122,
 4          ¶ 13);
 5       x Defendant admitted that Defendant obtained proceeds from committing this
 6          offense in the amount of approximately $436,677 (Dkt. No. 122 ¶ 13);
 7       x The forfeiture of this sum of money is separate and distinct from the restitution
 8          ordered in this case.
 9       x The forfeiture of this sum of money is personal to Defendant Jackson and,
10          pursuant to Federal Rule of Criminal Procedure (“Fed. R. Crim. P.”) 32.2(c)(1), no
11          third-party ancillary process is required before forfeiting it.
12
13          NOW, THEREFORE, THE COURT ORDERS:
14          1)       Pursuant to 18 U.S.C. § 981(a)(1)(C), by way of 28 U.S.C. 2461(c), and
15 Defendant’s Plea Agreement, Defendant Jackson’s interest in a sum of money in the
16 amount of $436,677 is fully and finally forfeited, in its entirety, to the United States;
17          2)       Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) – (B), this Order will become
18 final as to the Defendant Jackson at the time he is sentenced; it will be made part of the
19 sentence; and, it will be included in the judgment;
20          3)       No right, title, or interest in the identified sum of money exists in any party
21 other than the United States;
22          4)       Pursuant to Fed. R. Crim. P. 32.2(e), in order to satisfy this Order forfeiting
23 the sum of money, in whole or in part, the United States may move to amend this Order,
24 at any time, to include substitute property having a value not to exceed $436,677; and
25
26 ///
27
     Order of Forfeiture - 2                                               UNITED STATES ATTORNEY
     United States v. Jackson, CR23-090-JHC                               700 STEWART STREET, SUITE 5220
                                                                            SEATTLE, WASHINGTON 98101
                                                                                  (206) 553-7970
              Case 2:23-cr-00090-JHC Document 168 Filed 01/29/24 Page 3 of 3




 1 ///
 2          5)      The Court will retain jurisdiction in this case for the purpose of enforcing
 3 this Order, as necessary.
 4
 5          DATED this 29th day of January, 2024.


                                                   A
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                                                _____________________________________
 7
                                                THE HON. JOHN H. CHUN
 8                                              UNITED STATES DISTRICT JUDGE

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10
11 Presented by:
12
13 s/Jehiel I. Baer
   JEHIEL I. BAER
14 Assistant United States Attorney
   United States Attorney’s Office
15
   700 Stewart Street, Suite 5220
16 Seattle, WA 98101
   (206) 553-2242
17 Fax: 206-553-6934
18 Jehiel.Baer@usdoj.gov
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     Order of Forfeiture - 3                                             UNITED STATES ATTORNEY
     United States v. Jackson, CR23-090-JHC                             700 STEWART STREET, SUITE 5220
                                                                          SEATTLE, WASHINGTON 98101
                                                                                (206) 553-7970


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