United States v. Dana Adkins — Order of Forfeiture, Eastern District of Tennessee (No. 1:23-cr-43)

Summary

An Order of Forfeiture in United States of America v. Dana Adkins, also known as Dana Morris, Case No. 1:23-cr-43, in the U.S. District Court for the Eastern District of Tennessee at Chattanooga. It recounts that an Information filed May 17, 2023 charged Adkins with mail fraud under 18 U.S.C. § 1341 in Count One, and that Adkins pled guilty to Count One on June 8, 2023 under an Amended Plea Agreement. The order enters a personal money judgment of $150,804.00 in favor of the United States, representing the proceeds Adkins caused to be obtained through the violation. It becomes final at sentencing, and the United States may move to substitute property worth up to $150,804.00. The signature block names Charles E. Atchley, Jr., United States District Judge, with submission by Assistant United States Attorney Steven S. Neff.

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                            UNITED STATES DISTRICT COURT
                           EASTERN DISTRICT OF TENNESSEE
                                  AT CHATTANOOGA

UNITED STATES OF AMERICA                              )
                                                      )
                                                      )      Case No. 1:23-cr-43
v.                                                    )
                                                      )      Judge Atchley
                                                      )
DANA ADKINS                                           )      Magistrate Judge Lee
Also known as “DANA MORRIS”                           )

                                  ORDER OF FORFEITURE

       On May 17, 2023, an Information [Doc. 1] was filed in the above-referenced case, charging

Dana Adkins, also known as “Dana Morris,” with mail fraud in violation of 18 U.S.C. § 1341

(Count One).

       In the forfeiture allegations of the Information, the United States sought forfeiture pursuant

to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) of the Defendant’s interest in any property,

real or personal, constituting, or traceable to the proceeds of any violation of 18 U.S.C. § 1341.

       An Amended Plea Agreement [Doc. 14] was filed on June 8, 2023. On June 8, 2023, the

Defendant pled guilty to Count One, as charged in the Information and agreed to facts sufficient

to support the plea, and forfeiture of property as listed in the Plea Agreement. Pursuant to 18

U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), the Defendant agreed to a personal money

judgment in the amount of $150,804.00, which represents the proceeds the Defendant caused to

be obtained as a result of the violation of 18 U.S.C. §1341. Further, the United States has

established the requisite nexus between the money judgment and the violations charged in Count

One of the Information.

       Federal Rule of Criminal Procedure 32.2(c)(1) provides that “no ancillary proceeding is

required to the extent that the forfeiture consists of a money judgment.” Because no ancillary
proceeding is required, it is appropriate to enter an order of forfeiture at this time, which will

become final as to the Defendant at the time of sentencing.

       Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that:

       1.      Based upon the conviction of the Defendant for offenses in violation of 18 U.S.C.

§ 1341, and pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), and Federal Rule of

Criminal Procedure 32.2(b), the United States is entitled to:

               Money Judgment

               A personal money judgment in favor of the United States and against the
               Defendant, DANA ADKINS, in the amount of $150,804.00, representing
               the proceeds the Defendant caused to be obtained as a result of the
               Defendant’s violation of 18 U.S.C. § 1341.

       2.      In accordance with Federal Rules of Criminal Procedure 32.2(b)(4)(A) and

(b)(4)(B), this Order of Forfeiture will become final as to the Defendant at the time of sentencing

and will be made part of the sentence and included in the Judgment.

       3.      The United States may, at any time, move pursuant to Federal Rule of Criminal

Procedure 32.2(e) to amend this Order of Forfeiture to substitute property having a value not to

exceed $150,804.00 to satisfy the money judgment in whole or in part.

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

necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e).




                                                 2
       5.      The Clerk of this Court shall provide a certified copy of this Order to the United

States Attorney’s Office.

                                            ENTER:



                                            CHARLES E. ATCHLEY, JR.
                                            United States District Judge

       Submitted by:

       FRANCIS M. HAMILTON III
       United States Attorney

By:    s/ Steven S. Neff
       Steven S. Neff, BPR # GA 537187
       Assistant United States Attorney
       1110 Market Street, Suite 515
       Chattanooga, Tennessee 37402
       (423) 752-5140
       Steven.Neff@usdoj.gov




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