United States v. Timothy George Lopez — Order of Forfeiture, District of Utah (Document 102)

Summary

An Order of Forfeiture in United States of America v. Timothy George Lopez, Case No. 2:24-CR-00061-DBB, in the U.S. District Court for the District of Utah, filed March 6, 2025 as Document 102 and entered by Judge David Barlow. Granting the government's motion, the Court finds that, based on the defendant's guilty plea to Counts Six and Seven for wire fraud under 18 U.S.C. § 1343, the value of forfeitable property is $48,507. It imposes a personal money judgment of $48,507 under 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c) and 21 U.S.C. § 853(p), authorizes discovery to identify substitute assets, and provides that the order becomes final at sentencing.

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“United States v. Timothy George Lopez — Order of Forfeiture, District of Utah (Document 102).” Original at ecf.utd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-granting-101-motion-for-forfeiture-usa-v-mehlbauer-et-al-dkt-102-5d1c1b84f1/, SHA-256 4b32159e061a8c937cfa4df78264deb0917019733d360a0b31257c3eaa87b5a6.

Full text

Case 2:24-cr-00061-DBB        Document 102         Filed 03/06/25   PageID.413       Page 1 of 2




                         THE UNITED STATES DISTRICT COURT
                                     DISTRICT OF UTAH


 UNITED STATES OF AMERICA,                                ORDER OF FORFEITURE

                       Plaintiff,                         Case No. 2:24-CR-00061-DBB

        vs.                                                    Judge David Barlow
 TIMOTHY GEORGE LOPEZ,

                       Defendant.


       Based on the government’s Motion for Order of Forfeiture, and good cause appearing,

the Court GRANTS the motion, and FINDS:

       Considering the defendant’s plea of a guilty plea to Count Six and Seven of the

Indictment charging the defendant with Wire Fraud and Aiding and Abetting in violation of

18 U.S.C. § 1343, the defendant must forfeit to the United States any property, real or personal,

that constitutes or is derived from proceeds of such offense, or any property traceable to the

scheme to defraud, as the result of such violation under 18 U.S.C. § 981(a)(1)(C), and 28

U.S.C. § 2461(c), and Fed R. Crim. P. 32.2(b)(3).

       Based on the government’s motion, the defendant’s plea of guilty, and the statement in

advance of plea, the value of such property is $48,507. This total also represents the value of

property that is unavailable for forfeiture for one or more of the reasons specified in 21 U.S.C.

§ 853(p).




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Case 2:24-cr-00061-DBB       Document 102       Filed 03/06/25    PageID.414      Page 2 of 2




       Accordingly, IT IS HEREBY ORDERED:

       Pursuant to FED. R. CRIM. P. 32.2(b)(1)(A) and (b)(2)(A), and 18 U.S.C. § 981(a)(1)(C)

and 28 U.S.C. § 2461(c), and 21 U.S.C. § 853(p) the the court imposes against the defendant

a personal money judgment of $48,507.

       Under FED. R. CRIM. P. 32.2(b)(3), the Attorney General (or designee) is authorized to

conduct any discovery to identify property subject to forfeiture as substitute assets under 21

U.S.C. § 853(p).

       Under FED. R. CRIM. P. 32.2(c)(1), no ancillary proceeding is required because this

order only imposes a money judgment.

       Under FED. R. CRIM. P. 32.2(b)(4), this order shall become final as to the defendant at

the time of sentencing and shall be made part of the sentence and referenced in the judgment.

       To satisfy the money judgment in whole or in part, the United States may move at any

time pursuant to Rule 32.2(e) to forfeit substitute property having a value not to exceed

$48,507. In pursuing the satisfaction of the money judgment imposed by this order, the United

States shall abide by its agreements with the defendant in the plea agreement (ECF 92).

       The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary

under FED. R. CRIM. P. 32.2(e).

       SO ORDERED this 6th day of March, 2025.

                                                  BY THE COURT:




                                                  DAVID BARLOW
                                                  United States District Court Judge


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