Motion for Order of Forfeiture as to Francene Aretha Gayle — USA v. Gayle et al (Dkt. 128, N.D. Ala.)

Summary

Motion for Order of Forfeiture filed December 17, 2024 by the United States as to defendant Francene Aretha Gayle in United States of America v. Francene Aretha Gayle, Case No. 5:22-cr-113-LCB-HNJ (Document 128), Northern District of Alabama. The motion states that the Superseding Indictment's Notices of Forfeiture sought a money judgment of at least $453,630.00 tied to Count Sixteen, and that on June 10, 2024, Gayle entered a plea of guilty to Counts Two through Seven, and Sixteen. It states that her plea agreement consents to an order of forfeiture of $226,815.00, and asks the court to enter a final order in that amount. The motion bears the signature /s/ Kristen S. Osborne, Assistant United States Attorney.

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“Motion for Order of Forfeiture as to Francene Aretha Gayle — USA v. Gayle et al (Dkt. 128, N.D. Ala.).” Original at ecf.alnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-for-order-of-forfeiture-as-to-francene-aretha-gayle-usa-v-gayle-8ce2e590b7/, SHA-256 24fd578c50fe0135652ebc66b146e826530a22f1bed3e024e785c8813acac874.

Full text

Case 5:22-cr-00113-LCB-HNJ Document 128 Filed 12/17/24 Page 1 of 5 FILED
2024 Dec-17 PM 09:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

UNITED STATES OF AMERICA )
)
v. ) Case No: 5:22-cr-113-LCB-HNJ
)
FRANCENE ARETHA GAYLE )

MOTION FOR ORDER OF FORFEITURE

The United States respectfully requests that this Court enter an Order of

Forfeiture in this case. The Government states the following in support:

1. In the Superseding Indictment’s Notices of Forfeiture, the United States

sought property, both proceeds and facilitating property, resulting from the offenses

of defendant FRANCENE ARETHA GAYLE, per 18 U.S.C. § 982(a)(1)(C). 1 The

United States seeks to forfeit property that constitutes or is derived from gross

proceeds traceable to the conduct charged in Count Sixteen of the Superseding

Indictment. (Doc. 27 at 19). Specifically, the United States noticed the intention to

seek a money judgment of at least $453,630.00, representing the proceeds from the

conspiracy to commit wire fraud described in Count Sixteen. (Id. at 26).

1
The United States also provided notice of forfeiture under 21 U.S.C. § 853 and 18 U.S.C. §
982(a)(7), pursuant to the other Counts of the Superseding Indictment. At this time, the
government is only seeking forfeiture from the proceeds of the conduct reflected in Count
Sixteen.

1
Case 5:22-cr-00113-LCB-HNJ Document 128 Filed 12/17/24 Page 2 of 5

2. The Superseding Indictment also provided notice of the government’s

intention to seek forfeiture of substitute assets in the event directly forfeitable

property was unavailable.

3. On June 10, 2024, Defendant FRANCENE ARETHA GAYLE entered

a formal plea of guilty to Counts Two through Seven, and Sixteen, of the

Superseding Indictment. (Minute Entry, 6/10/24). In her plea agreement, the

Defendant agreed that the Court could enter an order of forfeiture against her in the

amount of $226,815.00, representing the proceeds that she personally obtained,

controlled, and benefitted from as a result of the offenses related to Count Sixteen

of the Superseding Indictment. (Doc. 87 at 18). Defendant specifically agreed to the

forfeiture of any and all assets of the defendant as substitute assets for the purpose

of satisfying the final order of forfeiture should directly forfeitable property be

unavailable. (Id.)

4. Based upon the guilty plea entered by Defendant FRANCENE

ARETHA GAYLE and the Defendant’s consent to the entry of an order of forfeiture

contained in her plea agreement, the Attorney General is entitled to the entry of a

personal money judgment in the amount of $226,815.00 against Defendant GAYLE.

5. Though the United States is actively investigating certain properties

owned and/or purchased with funds from the Defendant, the government has not yet

2
Case 5:22-cr-00113-LCB-HNJ Document 128 Filed 12/17/24 Page 3 of 5

affirmatively identified specific property of the Defendant that can be forfeited as a

substitute asset in accordance with 21 U.S.C. § 853(p). If, and when, the United

States affirms the applicable property of the Defendant is subject to forfeiture under

the Court’s order(s) or could be forfeited as a substitute asset in full or partial

satisfaction of the money judgment, the United States will promptly move the Court

for such forfeiture pursuant to Rule 32.2(e) and/or 21 U.S.C. § 853(p).

6. As required by Rule 32.2(b)(4)(B), the United States further requests

that the Court include the forfeiture when orally announcing the sentence and include

the forfeiture order in the judgment. See United States v. Kennedy, 201 F.3d 1324,

1326 (11th Cir. 2000) and Fed. R. Crim. P. 32.2(b)(4)(A) and (B).

Accordingly, the United States respectfully requests that this Court enter a

final order of forfeiture against Defendant in the amount of $226,815.00. A

proposed final order is submitted herewith for the Court’s review.

Respectfully submitted this 17th day of December, 2024.

PRIM F. ESCALONA
United States Attorney

/s/ Kristen S. Osborne

3
Case 5:22-cr-00113-LCB-HNJ Document 128 Filed 12/17/24 Page 4 of 5

Kristen S. Osborne
Assistant United States Attorney
1801 Fourth Avenue North
Birmingham, AL 35203
(205) 244-2001
Kristen.Osborne@usdoj.gov

4
Case 5:22-cr-00113-LCB-HNJ Document 128 Filed 12/17/24 Page 5 of 5

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has been electronically filed

with the Clerk of Court, Northern District of Alabama, on the 17th day of

December, 2024, using the CM/ECF filing system which will send notification of

said filing to all counsel of record.

/s/ Kristen S. Osborne
Kristen S. Osborne
Assistant United States Attorney

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