Joint Motion for Order Directing Administrative Forfeiture to Be Applied to Criminal Restitution — United States v. Sean Patrick Boyd Jr. (Dkt. 41)
Summary
Document 41 in Case 2:23-cr-00123 is a Joint Motion for Order Directing Administrative Forfeiture to Be Applied to Criminal Restitution, brought by the United States through Lauren K. Combs and Justin A. Marlowe and by Defendant Sean Patrick Boyd through Emily L. Szopinski. It states that on or about February 6, 2021, approximately $6,590.00 was seized from Defendant and one other individual, and that Defendant filed an administrative claim on or about November 20, 2023. Under the agreed terms, the United States shall return the seized funds to Defendant, and the funds shall be applied as restitution in the pending criminal matter. The motion asks that the funds go from the United States Marshall Service to the Clerk, to stay in the Court Registry until a restitution Order is entered.
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“Joint Motion for Order Directing Administrative Forfeiture to Be Applied to Criminal Restitution — United States v. Sean Patrick Boyd Jr. (Dkt. 41).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-237310-41-0-bc7642e3fe/
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Case 2:23-cr-00123 Document 41 Filed 01/18/24 Page 1 of 4 PageID #: 102
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON
UNITED STATES OF AMERICA,
Plaintiff,
v. CRIMINAL NO. 2:23-00123
SEAN PATRICK BOYD,
Defendant.
JOINT MOTION FOR ORDER DIRECTING ADMINISTRATIVE
FORFEITURE TO BE APPLIED TO CRIMINAL RESTITUTION
Comes now the United States of America, by Lauren K. Combs and Justin A. Marlowe,
Assistant United States Attorneys for the Southern District of West Virginia, and Defendant, Sean
Patrick Boyd, through counsel, Emily L. Szopinski, and move this Court for an Order directing
Defendant's administrative forfeiture funds be sent from the United States Marshall Service
directly to the Clerk of the United States District Court for the Southern District of West Virginia
to take receipt of and hold in the Court Registry, until such time as a restitution Order is entered
and the funds can be disbursed pursuant to such Order.
In support, the parties represent the following:
1. On or about February 6, 2021, approximately $6,590.00 was seized from Defendant
and one other individual.
2. On or about November 20, 2023, Defendant filed an administrative claim to the seized
funds, claiming to be the sole owner.
3. No other administrative claims have been filed as to the seized funds, and the time for
filing an administrative claim under 18 U.S.C. § 983 has passed.
4. The United States and Defendant, by and through his attorney, Emily Szopinski, have
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Case 2:23-cr-00123 Document 41 Filed 01/18/24 Page 2 of 4 PageID #: 103
agreed to the following terms and conditions:
a. The United States shall return the seized funds to Defendant;
b. The seized funds shall be applied as restitution in the pending criminal matter,
2:23-cr-00123;
c. The United States Marshal Service shall deposit the seized funds with the Clerk
of Court for the Southern District of West Virginia, to be applied to the
restitution in Defendant's criminal matter, 2:23-cr-00123;
d. Defendant waives all time limits set forth in 18 U.S.C. § 983 and any claim to
further notices of forfeiture;
e. Defendant waives any and all claims he has or might have against the United
States of America, the United States Department of Justice, the United States
Marshal Service, the Federal Bureau of Investigation the Hurricane Police
Department, and all agents, officers, and employees thereof (hereinafter the
"Released Parties"), relating to the seizure of, or commencement of forfeiture
proceedings against the seized funds, including any claims for lost profits or
interest.
£ Defendant agrees to hold the Released Parties harmless from any and all claims
of third parties pertaining to the seized funds;
g. These terms and conditions succeed Defendant and apply to his heirs and estate;
and
h. The parties fully understand and agree to each of the above terms and
conditions.
5. A joint motion to deposit funds into the registry of the court will be filed
2
Case 2:23-cr-00123 Document 41 Filed 01/18/24 Page 3 of 4 PageID #: 104
contemporaneously with the present motion.
WHEREFORE, the parties respectfully move this Court for an Order directing Defendant's
administrative forfeiture funds be sent from the United States Marshall Service directly to the
Clerk of the United States District Court for the Southern District of West Virginia. Thereafter,
the Clerk will take receipt of and hold such funds in the Court Registry until such time as a
restitution Order is entered and the funds can be disbursed pursuant to such Order.
BY PLAINTIFF: BY DEFENDANT:
~-L=4
A.URENK.COMBS
Assistant United States Attorney
~EMILL.i ~
SKI -
s~o
WVBarNo.14231
WVBarNo.14111 Assistant Federal Public Defender
United States Attorney's Office Office of the Federal Public Defender
300 Virginia Street, East, Room 4000 300 Virginia Street, East, Room 3400
Charleston, WV 25301 Charleston, WV 25301
Phone: 304-345-2200 I Fax: 304-347-5440 Telephone: (304) 347-3350
E-Mail: lauren.combs@usdoj.gov Facsimile: (304) 347-3356
Counsel for Unitpll Sfptes ofAmerica E-mail: Emily_Szopinski@fd.org
Counsel for Defendant
Assistant United States Attorney
WV Bar No. 9695
United States Attorney's Office
300 Virginia Street, East, Room 4000
Charleston, WV 25301
Phone: 304-345-2200 I Fax: 304-347-5104
E-Mail: justin.marlowe@usdoj.gov
Counsel for United States ofAmerica
3
Case 2:23-cr-00123 Document 41 Filed 01/18/24 Page 4 of 4 PageID #: 105
CERTIFICATE OF SERVICE
It is hereby certified that the foregoing Joint Motion for Order Directing Administrative Forfeiture
to be Applied to Criminal Restitution has been electronically filed and service has been made on
opposing counsel by virtue of such electronic filing this the 18th day of January 2024, to:
Emily L. Szopinski
Assistant Federal Public Defender
Office of the Federal Public Defender
300 Virginia Street, East, Room 3400
Charleston, WV 25301
Telephone: (304) 347-3350
Facsimile: (304) 347-3356
E-mail: Emily_Szopinski@fd.org
/s/ Lauren K. Combs
LAUREN K. COMBS
Assistant United States Attorney
WVBarNo.14111
United States Attorney's Office
300 Virginia Street, East, Room 4000
Charleston, WV 25301
Phone: 304-345-2200 I Fax: 304-347-5440
E-Mail: lauren.combs@usdoj.gov
Counsel for United States ofAmerica
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