Motion for Order of Forfeiture (Money Judgment Only) — United States v. Ukashat (Document 210)

Summary

A Motion for Order of Forfeiture (Money Judgment Only) filed February 11, 2025 as Document 210 by the United States in United States of America v. Mubarak Sulaiman Ukashat, Case No. 2:23-cr-00111-HCN, in the U.S. District Court for the District of Utah. Citing Fed. R. Crim. P. 32.2(b) and 31 U.S.C. § 5317(c), it recites that the defendant was charged on February 4, 2025 with failure to file currency and other monetary instruments reports under 31 U.S.C. § 5324(c)(1) and pleaded guilty on February 6, 2025. It asks the Court to find that the defendant obtained at least $101,000 from the offense, not available for forfeiture under 21 U.S.C. § 853(p), and to enter a forfeiture money judgment of $101,000. It is signed by Assistant U.S. Attorney Travis K. Elder.

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Case 2:23-cr-00111-HCN        Document 210       Filed 02/11/25     PageID.1226       Page 1 of 4




 TRINA A. HIGGINS, United States Attorney (7349)
 TODD C. BOUTON, Assistant United States Attorney (17800)
 TRAVIS K. ELDER, Assistant United States Attorney (11987)
 Attorneys for the United States of America
 111 South Main Street, Suite 1800 | Salt Lake City, Utah 84111
 (801) 524-5682 | travis.elder@usdoj.gov

                             UNITED STATES DISTRICT COURT
                                      DISTRICT OF UTAH


  UNITED STATES OF AMERICA,                        MOTION FOR
                                                   ORDER OF FORFEITURE
                       Plaintiff,                  (MONEY JUDGMENT ONLY)

         vs.                                       Case No. 2:23-cr-00111-HCN

  MUBARAK SULAIMAN UKASHAT,                        Judge Howard C. Nielson, Jr.

                       Defendant.


        Pursuant to Fed. R. Crim. P. 32.2(b) and 31 U.S.C. § 5317(c), the United States of

 America moves the Court to enter an Order of Forfeiture, and in support states:

        1.      On February 4, 2025, the United States charged Mubarak Sulaiman Ukashat, in

 Count One with Failure to File Currency and Other Monetary Instruments Reports in violation of

 31 U.S.C. § 5324(c)(1). Felony Information, ECF 203. The felony information notified the

 defendant that upon conviction, the United States would seek forfeiture of any property, real or

 personal, involved in such offense, or any property traceable to such property under 31 U.S.C. §

 5317(c). Id.

        2.      On February 6, 2025, the defendant pleaded guilty. See Plea Hr’g Min. Entry,

 ECF 207.
Case 2:23-cr-00111-HCN              Document 210              Filed 02/11/25      PageID.1227           Page 2 of 4




         3.       As part of the Defendant’s Statement in Advance of Guilty Plea filed on

 February 7, 2025, the defendant agreed to a forfeiture money judgment of $101,000. ECF 209 at

 7. In his plea, the defendant described the connection between the money judgment amount and

 the offense, including that from May 1, 2020, through December 2020, defendant knowingly

 transported at least $101,000 in United States currency in increments exceeding $10,000 from

 the United States to a place outside the United States, including Nigeria and Dubai, in so doing

 to evade reporting requirements. Id. at 4.

         4.       If the United States later seeks to forfeit substitute assets in satisfaction of the

 forfeiture money judgment, the Court must also find the government has satisfied one or more of

 the factors in 21 U.S.C. § 853(p). See 21 U.S.C. § 853(p)(1) and (2) (allowing the United States

 to forfeit substitute assets if one or more of five factors is satisfied). The United States requests

 that the Court make this finding now based on the defendant’s admission in his plea statement

 that the proceeds of the defendant’s crimes amount to $101,000 and that such proceeds are not

 available for forfeiture for one or more of the reasons listed in 21 U.S.C. § 853(p), and to an

 order that imposes a forfeiture money judgment against the defendant of $101,000. ECF 209 at 4.

         5.       Unlike the law applicable to restitution orders, which authorizes courts to impose

 a greater amount of restitution than is authorized for the offenses of conviction, 1 no such

 authority exists in the forfeiture context.

         6.       Under Fed. R. Crim. P. 32.2(c)(2), a preliminary order of forfeiture becomes the

 final order of forfeiture if no third parties file petitions claiming an interest in the forfeited


 1
  See, e.g., 18 U.S.C.A. § 3663(a)(3)(“The court may also order restitution in any criminal case to the extent agreed
 to by the parties in a plea agreement.”).
                                                          2
Case 2:23-cr-00111-HCN         Document 210           Filed 02/11/25    PageID.1228        Page 3 of 4




 property. For a preliminary order to become a final order, the Court must find that the defendant,

 or any combination of defendants, “had an interest in the property that is forfeitable under the

 applicable statute.” Fed. R. Crim. P. 32.2(c)(2). Since the contemplated order does not forfeit

 specific assets and only imposes a money judgment, these provisions are inapplicable. Instead,

 the proposed order provides that it will become final at the defendant’s sentencing consistent

 with Rule 32.2(b)(4)(A).

        7.      Based on the defendant’s statement in advance of plea and guilty plea and under

 31 U.S.C. § 5317(c), the Court should find that the defendant obtained at least $101,000 from the

 offense and that such amount is not available for forfeiture for one or more of the reasons listed

 in 21 U.S.C. § 853(p). Consequently, the Court should order the defendant to pay a forfeiture

 money judgment of $101,000.

        8.      Pursuant to Rule 32.2(b)(3), the government requests that it be permitted to

 undertake whatever discovery may be necessary to identify, locate, or dispose of substitute assets

 that may satisfy the forfeiture money judgment.

        9.      After discovery of any specific substitute asset, the United States will move the

 Court, pursuant to Fed. R. Crim. P. 32.2(e), for an amended order of forfeiture for the specific

 substitute asset. Upon entry of such an order, the United States will provide notice of the order

 allowing third parties who claim an interest in any such asset to petition the court for a hearing to

 adjudicate the validity of their interest in the asset, pursuant to 21 U.S.C. § 853(n).

        10.     Since the forfeiture order will only consist of a forfeiture money judgment against

 the defendant, no ancillary proceeding will be commenced by the government at this time.


                                                  3
Case 2:23-cr-00111-HCN         Document 210          Filed 02/11/25   PageID.1229        Page 4 of 4




        11.     Therefore, the United States asks the Court to enter the enclosed order of

 forfeiture and, as required by Fed. R. Crim. P. 32.2(b)(4)(B), to orally announce the forfeiture at

 the defendant’s sentencing and include a reference to the forfeiture order in the judgment.

        Respectfully submitted,

                                              TRINA A. HIGGINS
                                              United States Attorney


                                              /s/ Travis K. Elder
                                              Travis K. Elder
                                              Assistant U.S. Attorney




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