Indictment — United States v. Edward Kim, Central District of California (Document 12)
Summary
A grand jury indictment returned by the October 2020 Grand Jury in United States v. Edward Kim, SACR 8:21-cr-00041-JVS, in the United States District Court for the Central District of California, filed March 16, 2021 as Document 12. Count One charges possession with intent to distribute methamphetamine under 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(viii), alleging that on or about November 15, 2020, in Orange County, Kim possessed approximately 22.049 grams. The second count charges possession of at least fifteen unauthorized access devices under 18 U.S.C. § 1029(a)(3), namely approximately 16 debit cards belonging to other persons. Forfeiture allegations follow each count, and the signature block names Acting United States Attorney Tracy L. Wilkison.
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“Indictment — United States v. Edward Kim, Central District of California (Document 12).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-8-21-cr-00041-dkt-12-c-d-cal-65a4da655f/
, SHA-256 fe7139d9ef31ac871ff6ae077a782a3f2c4d067d1791c75b43568aef90539fd4.Full text
FILED
Case 8:21-cr-00041-JVS Document 12 Filed 03/16/21 Page 1 of 5CLERK, U.S.
Page ID COURT
DISTRICT #:70
03/16/2021
DM
CENTRAL DISTRICT OF CALIFORNIA
BY: ___________________ DEPUTY
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8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10 October 2020 Grand Jury
11 UNITED STATES OF AMERICA, SACR 8:21-cr-00041-JVS
12 Plaintiff, I N D I C T M E N T
13 v. [21 U.S.C. §§ 841(a)(1),
(b)(1)(B)(viii): Possession with
14 EDWARD KIM, Intent to Distribute
Methamphetamine; 18 U.S.C.
15 Defendant. § 1029(a)(3): Possession of
Fifteen or More Unauthorized
16 Access Devices; 18 U.S.C. §§ 982
and 1029 and 21 U.S.C. § 853:
17 Criminal Forfeiture]
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19 The Grand Jury charges:
20 COUNT ONE
21 [21 U.S.C. §§ 841(a)(1), (b)(1)(B)(viii)]
22 On or about November 15, 2020, in Orange County, within the
23 Central District of California, defendant EDWARD KIM knowingly and
24 intentionally possessed with intent to distribute at least five
25 grams, that is, approximately 22.049 grams, of methamphetamine, a
26 Schedule II controlled substance.
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Case 8:21-cr-00041-JVS Document 12 Filed 03/16/21 Page 2 of 5 Page ID #:71
1 COUNT TWO
2 [18 U.S.C. § 1029(a)(3)]
3 On or about November 15, 2020, in Orange County, within the
4 Central District of California, defendant EDWARD KIM, knowingly and
5 with intent to defraud, possessed at least fifteen unauthorized
6 access devices (as defined in Title 18, United States Code, Sections
7 1029(e)(1) and (3)), namely, approximately 16 debit cards, all
8 belonging to persons other than defendant KIM, with said possession
9 affecting interstate and foreign commerce.
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Case 8:21-cr-00041-JVS Document 12 Filed 03/16/21 Page 3 of 5 Page ID #:72
1 FORFEITURE ALLEGATION ONE
2 [21 U.S.C. § 853]
3 1. Pursuant to Rule 32.2(a) of the Federal Rules of Criminal
4 Procedure, notice is hereby given that the United States of America
5 will seek forfeiture as part of any sentence, pursuant to Title 21,
6 United States Code, Section 853, in the event of the defendant’s
7 conviction of the offense set forth in Count One of this Indictment.
8 2. The defendant, if so convicted, shall forfeit to the United
9 States of America the following:
10 (a) All right, title, and interest in any and all
11 property, real or personal, constituting, or derived from, any
12 proceeds obtained, directly or indirectly, as a result of the
13 offense;
14 (b) All right, title and interest in any and all property,
15 real or personal, used, or intended to be used, in any manner or
16 part, to commit, or to facilitate the commission of such offense; and
17 (c) To the extent such property is not available for
18 forfeiture, a sum of money equal to the total value of the property
19 described in subparagraphs (a) and (b).
20 3. Pursuant to Title 21, United States Code, Section 853(p),
21 the defendant, if so convicted, shall forfeit substitute property if,
22 by any act or omission of the defendant, the property described in
23 the preceding paragraph, or any portion thereof: (a) cannot be
24 located upon the exercise of due diligence; (b) has been transferred,
25 sold to, or deposited with a third party; (c) has been placed beyond
26 the jurisdiction of the court; (d) has been substantially diminished
27 in value; or (e) has been commingled with other property that cannot
28 be divided without difficulty.
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Case 8:21-cr-00041-JVS Document 12 Filed 03/16/21 Page 4 of 5 Page ID #:73
1 FORFEITURE ALLEGATION TWO
2 [18 U.S.C. §§ 982 and 1029]
3 1. Pursuant to Rule 32.3(a) of the Federal Rules of Criminal
4 Procedure, notice is hereby given that the United States will seek
5 forfeiture as part of any sentence, pursuant to Title 18, United
6 States Code, Sections 982(a)(2) and 1029, in the event of the
7 defendant’s conviction of the offense set forth in Count Two of this
8 Indictment.
9 2. The defendant, if so convicted, shall forfeit to the United
10 States of America the following:
11 (a) All right, title, and interest in any and all
12 property, real or personal, constituting, or derived from, any
13 proceeds obtained, directly or indirectly, as a result of the
14 offense;
15 (b) Any personal property used or intended to be used to
16 commit the offense; and
17 (c) To the extent such property is not available for
18 forfeiture, a sum of money equal to the total value of the property
19 described in subparagraphs (a) and (b).
20 3. Pursuant to Title 21, United States Code, Section 853(p),
21 as incorporated by Title 18, United States Code, Sections 982(b)(1)
22 and 1029(c)(2), the defendant, if so convicted, shall forfeit
23 substitute property, up to the total value of the property described
24 in the preceding paragraph if, as the result of any act or omission
25 of the defendant, the property described in the preceding paragraph,
26 or any portion thereof: (a) cannot be located upon the exercise of
27 due diligence; (b) has been transferred, sold to or deposited with a
28 third party; (c) has been placed beyond the jurisdiction of the
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Case 8:21-cr-00041-JVS Document 12 Filed 03/16/21 Page 5 of 5 Page ID #:74
1 court; (d) has been substantially diminished in value; or (e) has
2 been commingled with other property that cannot be divided without
3 difficulty.
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5 A TRUE BILL
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7 /S/
Foreperson
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9 TRACY L. WILKISON
Acting United States Attorney
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BRANDON D. FOX
11 Assistant United States Attorney
Chief, Criminal Division
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14 SCOTT M. GARRINGER
Assistant United States Attorney
15 Deputy Chief, Criminal Division
16 JOSHUA O. MAUSNER
Assistant United States Attorney
17 Deputy Chief, General Crimes
Section
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ANDREW M. ROACH
19 Assistant United States Attorney
General Crimes Section
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