Final Order of Forfeiture — United States v. Donte McClellon (W.D. Wash., Dkt. 313, June 27, 2024)

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A final order of forfeiture filed June 27, 2024 as Document 313 in United States of America v. Donte McClellon, Case No. 2:22-CR-00073-LK, in the U.S. District Court for the Western District of Washington. The order grants the government's motion (Dkt. No. 306) to forfeit $16,394.44 in U.S. funds seized on or about May 16, 2022 from a Webull Financial, LLC account in McClellon's name. It recites that a jury convicted McClellon on January 11, 2024 of three counts of wire fraud under 18 U.S.C. § 1343 and two counts of bank fraud, and that the jury found the funds traceable to the schemes. It notes the preliminary order of February 22, 2024, published notice with no third-party claims, and sentencing on May 29, 2024. United States District Judge Lauren King signed the order.

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                Case 2:22-cr-00073-LK Document 313 Filed 06/27/24 Page 1 of 3




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                                   UNITED STATES DISTRICT COURT
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                                  WESTERN DISTRICT OF WASHINGTON
                                            AT SEATTLE
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        UNITED STATES OF AMERICA,                             CASE NO. 2:22-CR-00073-LK
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                                  Plaintiff,                  FINAL ORDER OF FORFEITURE
12              v.
13      DONTE MCCLELLON,
14                                Defendant.

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16          This matter comes before the Court on the Government’s Motion for a Final Order of

17   Forfeiture, Dkt. No. 306, seeking to forfeit to the United States Defendant Donte McClellon’s

18   interest in the following property:

19          •   $16,394.44 in U.S. funds seized on or about May 16, 2022, from a Webull Financial,

20              LLC. account number ending in -66-11, held in the name of Donte McClellon (the

21              “Subject Funds”).

22          The Court, having reviewed the Government’s Motion, as well as the other papers and

23   pleadings filed in this matter, hereby finds that entry of a Final Order of Forfeiture is appropriate

24   for the following reasons:


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 1         •    On January 11, 2024, a jury convicted Mr. McClellon of three counts of Wire Fraud,

 2              in violation of 18 U.S.C. § 1343, and two counts of Bank Fraud, in violation of 18

 3              U.S.C. § 1344(2) and 2. Dkt. No. 252 at 1–2; see also Dkt. No. 174 at 4–11 (Second

 4              Superseding Indictment). The evidence presented at trial established that the Subject

 5              Funds constitute or are traceable to proceeds of the Defendant’s Wire Fraud scheme

 6              and Bank Fraud scheme and the jury so found. Dkt. No. 254 at 1. The evidence in the

 7              record established the requisite nexus between the Subject Funds and the offenses of

 8              conviction, pursuant to Federal Rule of Criminal Procedure 32.2(b)(1)(A)–(B);

 9         •    On February 22, 2024, the Court entered a Preliminary Order of Forfeiture, finding the

10              Subject Funds forfeitable pursuant to 18 U.S.C. § 981(a)(1)(C), by way of 28 U.S.C.

11              § 2461(c), and 18 U.S.C. § 982(a)(2) and forfeiting to the United States Defendant

12              McClellon’s interest in them, Dkt. No. 269;

13         •    Thereafter, the Government published notice of the pending forfeiture as required by

14              21 U.S.C. § 853(n)(1) and Federal Rule of Criminal Procedure 32.2(b)(6)(C), Dkt. No.

15              274;

16         •    As required by Federal Rule of Criminal Procedure 32.2(b)(6)(A), the Government

17              reviewed the underlying investigative and administrative material and identified no

18              potential claimants to the Subject Funds, Dkt. No. 306 at 2;

19         •    The time for filing third-party claims has expired and none were filed; and
20         •    Mr. McClellon was sentenced on May 29, 2024, Dkt. Nos. 298–299.
21         Now, therefore, the Court ORDERS the following:
22         1.      No right, title, or interest in the Subject Funds exists in any party other than the
23                 United States;
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 1         2.      The Subject Funds are fully and finally condemned and forfeited, in their entirety,

 2                 to the United States;

 3         3.      The United States Department of Justice, Federal Bureau of Investigation, and/or

 4                 their representatives, are authorized to dispose of the Subject Funds in accordance

 5                 with the law; and

 6         4.      The Court will retain jurisdiction for the purpose of enforcing the Final Order of

 7                 Forfeiture as necessary pursuant to Federal Rule of Criminal Procedure 32.2(e)

 8         IT IS SO ORDERED.

 9         Dated this 27th day of June, 2024.

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                                                        A
11                                                      Lauren King
                                                        United States District Judge
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