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Home Source documents Order of Forfeiture (Money Judgment) — No. 1:21-cr-10228 (Dkt. 85, D. Mass.)

Order of Forfeiture (Money Judgment) — No. 1:21-cr-10228 (Dkt. 85, D. Mass.)

Summary

Order of Forfeiture (Money Judgment), headed SAYLOR, C.D.J., in United States of America v. Danielle Miller, Criminal No. 21-CR-10228-FDS in the District of Massachusetts, filed as Document 85 on 08/11/23. Its recitals state that on July 27, 2021 a federal grand jury returned a five-count Indictment charging Miller with Wire Fraud under 18 U.S.C. 1343 (Counts One through Three) and Aggravated Identity Theft (Counts Four through Five). The Indictment's Forfeiture Allegation, under 18 U.S.C. 981(a)(1)(C) and 28 U.S.C. 2461(c), gave notice that on conviction on Counts One through Three the United States would seek forfeiture of property derived from proceeds traceable to the offenses, including a money judgment equal to the proceeds obtained.

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              1:21-cr-10228-FDS Document 85
         Case 1:21-cr-10228-FDS          82-2 Filed
                                                Filed08/11/23
                                                      08/10/23 Page
                                                                Page1 1ofof3 3

                                 UNITED STATES DISTRICT COURT
                                  DISTRICT OF MASSACHUSETTS


 UNITED STATES OF AMERICA

                                                      Criminal No. 21-CR-10228-FDS


 DANIELLE MILLER,

                          Defendant.


                     ORDER OF FORFEITURE (MONEY JUDGMENT)
SAYLOR, C.D.J.

       WHEREAS, on July 27, 2021, a federal grand jury sitting in the District of Massachusetts

returned a five-count Indictment, charging defendantDanielle Miller (the "Defendant"), with

Wire Fraud, in violation of 18 U.S.C. § 1343 (Counts One through Three); and Aggravated

Identity Theft, in violation of 18U.S.C. § 1028A(a)(l) (Counts Four through Five);

       WHEREAS, the Indictment also included a Forfeiture Allegation, pursuant to 18 U.S.C.

§ 981(a)(1)(C) and 28 U.S.C. § 2461(c), which provided notice that the United States intended to

seek the forfeiture, upon conviction of the Defendant of one or more of the offenses set forth in

Counts One through Three of the Indictment, of any property, real or personal, which constitutes

or is derived from proceeds traceable to the offenses. The property to be forfeited includes, but is

not limited to, the following:

       (a)     an Order of Forfeiture (Money Judgment) equal to the amount of proceeds the
               defendant obtained, directly or indirectly, as a result of the offenses;

       WHEREAS, the Indictment further provided that, if any of the above-described

forfeitable property, as a result of any act or omission by the Defendant, (a) cannotbe located

upon the exercise of duediligence; (b) has been transferred or sold to, or deposited with, a third

party; (c) has been placed beyond the jurisdiction of the Court; (d) has been substantially

diminished in value; or (e) has been commingled with otherproperty which cannotbe divided
Case 1:21-cr-10228-FDS Document 85 Filed 08/11/23 Page 2 of 3

without difficulty, the United States is entitled to seek forfeiture of any other property of the
Defendant, up to the value of such assets, pursuant to 21 U.S.C. § 853(p), as incorporated by 18
U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c);

WHEREAS, on March 6, 2023, at a hearing held pursuant to Rule 11 of the Federal
Rules of Criminal Procedure, the Defendant pleaded guilty to Counts One through Five of the
Indictment, pursuant to a written plea agreement that the Defendant signed on March 6, 2023;

WHEREAS, in Section 7 of her plea agreement, the Defendant agreed to forfeit to the
United States $1,307,295, to be entered in the form of a forfeiture money judgment, and admitted
that the $1,307,295 is subject to forfeiture on the grounds that it is equal to the amount of
proceeds the Defendant derived from her offenses;

WHEREAS, in light of the Defendant’s guilty plea and admissions in her plea agreement,
the United States is entitled to an Order of Forfeiture consisting of a personal money judgment
against the Defendant, in the amount of $1,307,295, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461(c);

WHEREAS, this amount represents proceeds—specifically pandemic-related relief
funds—the Defendant obtained as a result of her offenses; and,

WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure provides that
“no ancillary proceeding is required to the extent that the forfeiture consists of a money
judgment.”

ACCORDINGLY, it is hereby ORDERED, ADJUDGED, and DECREED:

1.        The Defendant shall forfeit to the United States the sum of $1,307,295, pursuant
to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c).

2.        This Court shall retain jurisdiction in the case for the purpose of enforcing this
Case 1:21-cr-10228-FDS Document 85 Filed 08/11/23 Page 3 of 3

Order.

3.       The United States may, at any time, move pursuant to Rule 32.2(e) of the Federal
Rules of Criminal Procedure to amend this Order to substitute property having a value not to
exceed the amount set forth in Paragraph 1 to satisfy the money judgment in whole or in part.

4.       The United States may conduct, pursuant to Rule 32.2(b)(3) of the Federal Rules
of Criminal Procedure and 21 U.S.C. § 853(m), incorporated by 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461(c), any discovery to identify, locate or dispose of forfeitable property or substitute
assets, including, but not limited to, depositions and requests for documents, electronically stored
information, and tangible things.

5.       Pursuant to Rule 32.2(b)(4), this Order shall be included in the sentence

pronounced and imposed by the Court at the sentencing hearing, and in the criminal judgment
entered by this Court against the Defendant.

[signature]
F. DENNIS SAYLOR IV
Chief United States District Judge

Dated: 8-11-2023

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