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Order of Forfeiture as to Francene Aretha Gayle — USA v. Gayle et al (Dkt. 134, N.D. Ala.)

Summary

Order of Forfeiture as to defendant Francene Aretha Gayle in Case No. 5:22-cr-113-LCB-HNJ in the Northern District of Alabama, Northeastern Division. It recites that a Notice of Forfeiture in the Superseding Indictment sought property constituting or derived from gross proceeds traceable to the Conspiracy to Commit Wire Fraud. On June 10, 2024, the defendant pleaded guilty to Counts Two through Seven, and Sixteen, and agreed in the plea agreement to an order of forfeiture of $226,815.00 tied to Count Sixteen; the court orders a personal money judgment in that amount, deems the order final as to the defendant and part of the sentence, and retains jurisdiction to enforce it. It is dated December 23, 2024 and names Liles C. Burke, United States District Judge.

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Cite this document

“Order of Forfeiture as to Francene Aretha Gayle — USA v. Gayle et al (Dkt. 134, N.D. Ala.).” Original at ecf.alnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-of-forfeiture-as-to-francene-aretha-gayle-usa-v-gayle-et-al-dkt-f1a914e8a7/, SHA-256 a88b67264617f30652a2675e301dfaa4d757d1036feecde653c09f3540a8937e.

Full text

   Case 5:22-cr-00113-LCB-HNJ        Document 134      Filed 12/26/24   Page 1 of 3         FILED
                                                                                   2024 Dec-26 AM 10:56
                                                                                   U.S. DISTRICT COURT
                                                                                       N.D. OF ALABAMA


                     UNITED STATES DISTRICT COURT
                    NORTHERN DISTRICT OF ALABAMA
                        NORTHEASTERN DIVISION

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

                       ORDER OF FORFEITURE

      In a Notice of Forfeiture included in the Superseding Indictment in this case,

the United States sought forfeiture pursuant to 18 U.S.C. § 982(a)(1)(C) of any

property, real or personal, of Defendant FRANCENE ARETHA GAYLE,

constituting or derived, directly or indirectly, from gross proceeds traceable to the

Conspiracy to Commit Wire Fraud in violation of 18 U.S.C. § 1349. The Notices of

Forfeiture in the Superseding Indictment also informed the Defendant of the

Government’s intention to seek forfeiture of substitute assets in the event the directly

forfeitable property was unavailable.

      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. 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 conduct reflected in Count Sixteen of the Superseding Indictment. Defendant


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    Case 5:22-cr-00113-LCB-HNJ         Document 134     Filed 12/26/24    Page 2 of 3




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.

      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.

      Therefore the court ORDERS:

      1.      That FRANCENE ARETHA GAYLE pay a personal money judgment

in the amount of $226,815.00 which represents the gross proceeds the Defendant

obtained, controlled, and benefitted from as result of the offense pursuant to 18

U.S.C. § 982(a)(1)(C).

      2.      That the Attorney General or his designee is hereby authorized to seize

said property forfeited herein.

      3.      That this Order of Forfeiture shall be deemed final as to Defendant

FRANCENE ARETHA GAYLE and shall be made part of her sentence and included

in Defendant’s Judgment in accordance with Rule 32.2(b)(4) of the Federal Rules of

Criminal Procedure.

      4.      The Court shall retain jurisdiction to enforce this Order and to amend

it as necessary. See Fed. R. Crim. P. 32.2(e).


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   Case 5:22-cr-00113-LCB-HNJ      Document 134     Filed 12/26/24    Page 3 of 3




      5.     That the Clerk of the Court shall forward two certified copies of this

Final Order of Forfeiture to the United States Attorney’s Office, 1801 Fourth

Avenue North, Birmingham, AL 35203, Attention: Kristen S. Osborne, Assistant

U.S. Attorney, and one certified copy to the U.S. Marshals Service.

      DONE and ORDERED this December 23, 2024.



                                   _________________________________
                                   LILES C. BURKE
                                   UNITED STATES DISTRICT JUDGE




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