United States v. Dana Adkins — Order of Forfeiture, Eastern District of Tennessee (Document 36)

Summary

An Order of Forfeiture in United States 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, filed January 24, 2024 as Document 36. It recites that an Information filed May 17, 2023 charged the defendant with mail fraud under 18 U.S.C. § 1341, that an Amended Plea Agreement was filed on June 8, 2023, and that the defendant pleaded guilty to Count One that day. The order enters a personal money judgment of $150,804.00 in favor of the United States under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), final as to the defendant at sentencing. The United States may move to substitute property up to that amount, and the order appears over the name of United States District Judge Charles E. Atchley, Jr.

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Cite this document

“United States v. Dana Adkins — Order of Forfeiture, Eastern District of Tennessee (Document 36).” Original at ecf.tned.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-of-forfeiture-usa-v-adkins-dkt-36-9497470f88/, SHA-256 568decd013264a86f60469fff34cedda409b1c148a5b3e42467ef8a27ffb8c0b.

Full text

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

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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).

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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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