Motion for Order of Forfeiture as to Schara Monique Davis — USA v. Gayle et al (Dkt. 129, N.D. Ala.)

Summary

Document 129 in No. 5:22-cr-113-LCB-HNJ, Northern District of Alabama, is the United States' Motion for Order of Forfeiture directed at defendant Schara Monique Davis, stamped December 17, 2024. It states that Davis entered a formal plea of guilty on June 10, 2024 to Counts Seven and Sixteen of the Superseding Indictment. According to the motion, a plea agreement allows an order of forfeiture of $226,815.00, representing proceeds personally obtained in connection with Count Sixteen, and the government is seeking forfeiture only from the proceeds of the conduct reflected in Count Sixteen. The motion requests a final order of forfeiture in that amount and says a proposed final order is submitted with it. It closes with /s/ Kristen S. Osborne, Assistant United States Attorney.

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    Case 5:22-cr-00113-LCB-HNJ          Document 129       Filed 12/17/24     Page 1 of 5              FILED
                                                                                              2024 Dec-17 PM 09:23
                                                                                              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
                                                   )
SCHARA MONIQUE DAVIS                               )

                    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 SCHARA MONIQUE DAVIS, 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 129      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 SCHARA MONIQUE DAVIS entered a

formal plea of guilty to Counts 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 SCHARA MONIQUE

DAVIS 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 DAVIS.

      5.     Though the United States is actively investigating certain properties

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

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

                                           2
   Case 5:22-cr-00113-LCB-HNJ       Document 129     Filed 12/17/24   Page 3 of 5




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
                                       Kristen S. Osborne
                                       Assistant United States Attorney

                                          3
Case 5:22-cr-00113-LCB-HNJ   Document 129   Filed 12/17/24   Page 4 of 5




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




                                  4
    Case 5:22-cr-00113-LCB-HNJ          Document 129   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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