United States v. Stephanie Diane Smith — Order of Forfeiture (S.D. Fla., Document 102)

Summary

An order of forfeiture entered May 31, 2024 as Document 102 in United States v. Stephanie Diane Smith, Case No. 23-CR-60203-BLOOM (COHN), in the U.S. District Court for the Southern District of Florida. The court recites that a jury found Smith guilty of wire fraud on Counts 1 and 2 on March 5, 2024, over PPP loans of $20,833 from Cross River Bank for Children 1st, received April 1, 2021, and $10,275 from Prestamos for Agape, received May 11, 2021. It grants the government's motion and imposes a forfeiture money judgment of $31,108 (US) under 18 U.S.C. § 981(a)(1)(C). The order allows the United States to move later to forfeit substitute property up to the outstanding balance.

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Case 0:23-cr-60203-BB Document 102 Entered on FLSD Docket 05/31/2024 Page 1 of 4




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                            CASE NO. 23-CR-60203-BLOOM (COHN)


  UNITED STATES OF AMERICA,

               Plaintiff,

  vs.

  STEPHANIE DIANE SMITH,

                 Defendant.


                                  ORDER OF FORFEITURE

        THIS CAUSE is before the Court upon the motion by the United States for an order

 memorializing the forfeiture money judgment imposed against the STEPHANIE DIANE SMITH

 (“Defendant”) in this case as part of her sentence (the “Motion”) [DE 101]. The Court has

 reviewed the Motion, the record in this case, notes that the Defendant has no objection to the

 Motion, and is otherwise advised in the premises. The Court finds as follows with respect to

 forfeiture and the Defendant:

        1.     On October 19, 2023, a federal grand jury sitting in the Southern District of Florida

 returned a two (2) count true bill of indictment (the “Indictment”) charging the Defendant with

 wire fraud in violation of Title 18, United States Code, Section 1343. See Indictment, DE 11.

        2.     Specifically, the Indictment charged the Defendant in Count 1 with wire fraud in

 relation to the disbursement of SBA loan number 1892748707 from Lender 1 (Cross River Bank)

 in the amount of $20,833 (US) by Automated Clearing House (ACH) transfer to We Florida

 Financial bank account number ending in 3536. See Indictment, DE 1, at 7. The Indictment charged

 the Defendant in Count 2 with wire fraud in relation to the disbursement of SBA loan number
Case 0:23-cr-60203-BB Document 102 Entered on FLSD Docket 05/31/2024 Page 2 of 4

                                                      CASE NO. 23-CR-60203-BLOOM (COHN)


 7928598808 from Lender 2 (Prestamos) in the amount of $10,275 (US) by ACH transfer to BB&T

 bank account number ending in 1130. Id.

        3.      The Indictment also contained forfeiture allegations which provided the Defendant

 with notice of the Government=s intent to seek criminal forfeiture upon her conviction. See

 Indictment, DE 1, at 7-8. Specifically, the forfeiture allegations provide notice to the Defendant

 that upon her conviction of wire fraud, as charged in the Indictment, any property, real or personal,

 which constitutes or is derived from proceeds traceable to such offense shall be forfeited to the

 United States pursuant to 18 U.S.C. § 981(a)(1)(C). Id.

        4.      On March 5, 2024, the jury empaneled in this case returned its verdict finding the

 Defendant guilty of wire fraud as charged in Counts 1 and 2 of the Indictment. See Verdict, DE

 77.

        5.      Prior to sentencing, the United States moved for entry of a forfeiture money

 judgment against the Defendant for $31,108 (US) as part of her sentence as this is a sum of money

 equal in value to the funds she obtained as proceeds traceable to the crimes of which she had been

 found guilty in this case. See Motion for Forfeiture Money Judgment and Incorporated Bench

 Memorandum, DE 94.

        6.      Specifically, the evidence presented in the case showed that because of the false

 information in the Defendant’s PPP loan application for Children 1st, Lender 1 (Cross River Bank)

 transmitted by wire (via ACH) $20,833 (US) in loan proceeds for Small Business Association

 (SBA) loan number 1892748707. See Presentence Investigation Report (“PSR”), DE 93, ¶ 27.

 Furthermore, bank records confirmed that the Defendant received the transmitted funds ($20,833

 (US)) in her checking account at We Florida Financial Bank ending in 3536 on April 1, 2021. Id.

        7.      Additionally, the evidence presented in the case showed that because of the false



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Case 0:23-cr-60203-BB Document 102 Entered on FLSD Docket 05/31/2024 Page 3 of 4

                                                      CASE NO. 23-CR-60203-BLOOM (COHN)


 information in the Defendant’s PPP loan application for Agape, Lender 2 (Prestamos) transmitted

 by wire (ACH) $10,275 (US) in loan proceeds for SBA loan number 7928598808. See PSR, ¶ 38.

 Furthermore, bank records confirmed that the Defendant received the transmitted funds ($10,275

 (US)) in her checking account at BB&T Bank ending in 1130 on May 11, 2021. Id.

        8.      In total, the Defendant received $31,108 (US) in proceeds from the PPP loans for

 Children’s 1st and Agape. See PSR, ¶ 40.

        9.      On May 29, 2024, the Court sentenced the Defendant in this case and imposed a

 forfeiture money judgment against the Defendant for $31,108 (US) as part of her sentence and

 directed the Government to file a proposed order accordingly. See Sentencing Minutes, DE 99; see

 also Judgment, DE 100.

        Therefore, based on the foregoing, the Motion [DE 101] is hereby GRANTED, and it is

        ORDERED and ADJUDGED that:

        1.      A forfeiture money judgment is imposed against the Defendant for $31,108 (US)

 pursuant to 18 U.S.C. § 981(a)(1)(C), as made applicable by 28 U.S.C. § 2461(c), and the

 procedures set forth in 21 U.S.C. § 853 and Rule 32.2 of the Federal Rules of Criminal Procedure,

 for which let execution issue.

        2.      It is further ordered that the United States may, at any time, file a motion, pursuant

 to 21 U.S.C. § 853(p) and Rule 32.2(e) of the Federal Rules of Criminal Procedure, to amend this

 Order of Forfeiture to forfeit substitute property having a value not to exceed the aggregate sum

 of the outstanding balance of the forfeiture money judgment imposed herein in satisfaction thereof

 in whole or in part.




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Case 0:23-cr-60203-BB Document 102 Entered on FLSD Docket 05/31/2024 Page 4 of 4

                                               CASE NO. 23-CR-60203-BLOOM (COHN)


        DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this

 31st day of May, 2024.




 cc:    Counsel of record via CM/ECF




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