Order of Forfeiture (Money Judgment) — United States v. Eric Upchurch (Dkt. 112, W.D. Wis.)

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An Order of Forfeiture - Money Judgment in United States v. Eric Upchurch, Case No. 23-cr-69-wmc, in the U.S. District Court for the Western District of Wisconsin (Dkt. 112). Based on the motion of the United States, the order recites that a superseding indictment was returned on April 3, 2024 and that on June 13, 2024 a jury found the defendant guilty on Counts 1-12, and that the parties stipulated to a forfeiture in the amount of $406,211.00. The order directs that Eric Upchurch shall forfeit $406,211.00 to the United States, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982, and 28 U.S.C. § 2461(c). It states that the order shall become final as to the defendant at the time of sentencing and that the United States may move to amend it to substitute property.

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,

Vv. Case No. 23-cr-69-wmc
ERIC UPCHURCH,

Defendant.

ORDER OF FORFEITURE - MONEY JUDGMENT

Based upon the motion of the United States, the Court finds that:

i On July 19, 2023, a federal grand jury sitting in Madison, Wisconsin
returned an indictment against Eric Upchurch (defendant). ECF. No. 1.

zy On April 3, 2024, a federal grand jury sitting in Madison, Wisconsin
returned a superseding indictment against Eric Upchurch. Counts 1-5 of the
superseding indictment charged the defendant with wire fraud in violation of 18 U.S.C.
§ 1343. Counts 6-11 charged the defendant with making or using false writing and
documents in violation of 18 U.S.C. § 1001(a)(3). Count 12 charged the defendant with
engaging in monetary transactions in property derived from a specified unlawful
activity, that is wire fraud, in violation of 18 U.S.C. § 1343 and all in violation of 18
U.S.C. § 1957(a). ECF. No. 22.

2 On June 13, 2024, a jury in the Western District of Wisconsin found the

defendant guilty on Counts 1-12 of the superseding indictment. ECF. No. 96.
4. Also on June 13, 2024, the parties stipulated to a forfeiture in the amount
of $406,211.00 in United States Currency. ECF. No. 95.

5. The United States has not, as of this date, identified specific assets that
were derived from the offense of which the defendant has been convicted, nor has the
United States identified any property of the defendant that could be forfeited as a
substitute asset in accordance with 21 U.S.C. § 853(p).

6. The United States seeks the entry of an Order of Forfeiture consisting of a
personal money judgment against defendant Eric Upchurch in the amount of
$406,211.00. The $406,211.00 is the amount of proceeds obtained as a result of the
violations of 18 U.S.C. § 1343 in counts 1-5 of the superseding indictment.

7. Pursuant to Rule 32.2(c)(1), “no ancillary proceeding is required to the
extent that the forfeiture consists of a money judgment.”

IT IS THEREFORE ORDERED:

1. The defendant Eric Upchurch shall forfeit to the United States the sum of
$406,211.00, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982, and 28 U.S.C. § 2461(c).

2s The United States District Court shall retain jurisdiction in the case for the
purpose of enforcing this Order; and

Dy Pursuant to Rule 32.2(b)(4), this Order of forfeiture shall become final as to

defendant at the time of his sentencing.
4. The United States may, at any time, move pursuant to Rule 32.2(e) to
amend this Order of Forfeiture to substitute property having a value not to exceed

$406,211.00 to satisfy the money judgment in whole or in part.

LYAM M. CONLEY
nitéd States District Judge


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