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Order — No. 3:21-cr-00114 (Dkt. 32, W.D.N.C.)

Summary

An order in United States v. Maurice Kamgaing, Criminal Action No. 3:21-CR-00114-KDB-DSC, in the U.S. District Court for the Western District of North Carolina, Charlotte Division, filed April 5, 2022 as Document 32 (2 pages) and signed April 4, 2022. It grants the United States' Motion for a Final Order and Judgment of Forfeiture (Doc. No. 31), confirming as final under Rule 32.2(c)(2) the January 6, 2022 Consent Order and Judgment of Forfeiture entered after the defendant's guilty plea to wire fraud and illegal monetary transaction charges. The order states that no third parties filed petitions after published and direct notice, and that assets in two Merrill Edge accounts and a parcel of real property in Archdale, North Carolina are forfeited to the United States.

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Cite this document

“Order — No. 3:21-cr-00114 (Dkt. 32, W.D.N.C.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-3-21-cr-00114-dkt-32-w-d-n-c-1ec330e288/, SHA-256 f4bb2dd97d2e9f58cb1850c24c7b05264d2bfdbd5f7fad9484f5c469cfa9c0a4.

Full text

                       IN THE UNITED STATES DISTRICT COURT
                  FOR THE WESTERN DISTRICT OF NORTH CAROLINA
                               CHARLOTTE DIVISION
                    CRIMINAL ACTION NO. 3:21-CR-00114-KDB-DSC
                                                   )
 UNITED STATES OF AMERICA,                         )
                                                   )
                                                   )
     v.                                            )                    ORDER
                                                   )
 MAURICE KAMGAING,                                 )
                                                   )
                  Defendant.                       )
                                                   )

          THIS MATTER IS BEFORE THE COURT on the United States’ Motion for a Final

Order and Judgment of Forfeiture. (Doc. No. 31).

          On January 6, 2022, this Court entered a Consent Order and Judgment of Forfeiture for

the funds and real property identified below, all properties in which Defendant held an interest.

The Consent Order was issued following Defendant’s plea of guilty (Doc. Nos. 17, 18, and 19) to

wire fraud and illegal monetary transaction charges related to Defendant’s scheme to defraud the

Small Business Administration and to use the proceeds of the fraud to purchase assets.

          From January 12, 2022 through February 10, 2022, the United States published, via

www.forfeiture.gov, notice of this forfeiture and of the intent of the Government to dispose of the

forfeited assets according to law, and notice to all third parties of their right to petition the Court

within sixty days of January 12, 2022 for a hearing to adjudicate the validity of any alleged legal

interest in the assets. Further, following the Government’s review of account and title documents,

to identify potential petitioners to the funds and real property, the United States also sent direct

notice to the individuals, who reasonably appeared to be potential claimants of the assets. Notice

was sent via Federal Express, at their last known address, notifying them of this forfeiture action




          Case 3:21-cr-00114-KDB-DSC Document 32 Filed 04/05/22 Page 1 of 2
and of the Government’s intent to dispose of the forfeited assets in accordance with law, and of

their right to submit a verified claim to this Court within thirty days of the receipt of the notice. To-

date, third parties have not filed petitions for the properties and the time-period for doing so has

expired.

        Because the Government has now properly provided notice by publication and direct

notice, the Court may, in accordance with Rule 32.2(c)(2), confirm the Consent Order and

Judgment of Forfeiture as the Final Order and Judgment of Forfeiture to give the Government

clear title to the forfeited assets.

        IT IS THEREFORE ORDERED that, in accordance with Rule 32.2(c)(2), the Consent

Order and Judgment of Forfeiture is confirmed as final as to the following properties in which

Defendant has an interest. All right, title, and interest in the following properties, whether real,

personal, or mixed, has therefore been forfeited to the United States for disposition according to

law and, pursuant to 21 U.S.C. § 853(n)(7), the United States shall have clear title to the following

properties:

        All assets in Merrill Edge Account 7700 (also identified as IMC Account 7700), such
        account held in the name of Maurice Kamgaing;
        All assets in Merrill Edge Account 7T50 (also identified as IMC Account 7T50), such
        account held in the name of Apiagne, Inc; and
        The real property at 215 Balfour Drive, Archdale, North Carolina, more particularly
        described in a Deed to Apiagne, Inc., recorded in Randolph County, Deed Book 2708,
        Pages 1801-1804.

SO ORDERED
                                       Signed: April 4, 2022




       Case 3:21-cr-00114-KDB-DSC Document 32 Filed 04/05/22 Page 2 of 2

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