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Order of Forfeiture — United States v. Randa Allison, No. 1:23-cr-44 (Dkt. 58, E.D. Tenn.)

Summary

U.S. District Judge Curtis L. Collier of the Eastern District of Tennessee enters an order of forfeiture against Randa Allison in case 1:23-cr-44, with a personal money judgment of $100,225.00. A Superseding Indictment filed June 27, 2023 charged Allison with conspiracy to commit wire and mail fraud (Count Two), among other charges; under a Plea Agreement filed September 7, 2023, Allison pled guilty to Count Two on October 18, 2023 and agreed to the forfeiture. The order says the judgment represents the minimum amount of proceeds Allison personally obtained, and that no ancillary proceeding is required because the forfeiture is a money judgment. It becomes final as to the Defendant at sentencing, and the United States may move to substitute property worth up to $100,225.00.

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Full text

                              UNITED STATES DISTRICT COURT
                             EASTERN DISTRICT OF TENNESSEE
                                    AT CHATTANOOGA

UNITED STATES OF AMERICA                              )
                                                      )
                                                      )       1:23-cr-44
v.                                                    )
                                                      )       Judge Collier/Lee
                                                      )
RANDA ALLISON                                         )


                                   ORDER OF FORFEITURE

       On June 27, 2023, a Superseding Indictment (Doc. 12) was filed in the above-referenced

case, charging Randa Allison, with conspiracy to commit wire and mail fraud in violation of 18

U.S.C. §§ 1349, 1343 and 1341 (Count Two), among other charges.

       In the forfeiture allegations of the Superseding Indictment, 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. §§ 1349, 1343 and 1341.

       A Plea Agreement (Doc. 33) was filed on September 7, 2023. On October 18, 2023, the

Defendant pled guilty to Count Two, as charged in the Superseding Indictment 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 $100,225.00, representing the minimum amount of

proceeds the Defendant personally obtained as a result of the violations of 18 U.S.C. §§ 1349,

1343 and 1341. Further, the United States has established the requisite nexus between the

money judgment and the violations charged in Count Two of the Superseding Indictment.
       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.

§§ 1349, 1343 and 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, RANDA ALLISON in the amount of $100,225.00,
               representing the proceeds the Defendant personally obtained as a result of
               the Defendant’s violations of 18 U.S.C. §§ 1341 and 1349.

       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 $100,225.00 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:


                                             /s/
                                             CURTIS L. COLLIER
                                             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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