United States v. Keyaira Bostic — Preliminary Order of Forfeiture (S.D. Fla., Document 110)
Summary
A preliminary order of forfeiture against defendant Keyaira Bostic in United States v. Keyaira Bostic, Case No. 20-CR-60139-DIMITROULEAS/SNOW, in the U.S. District Court for the Southern District of Florida, entered on the docket December 13, 2021 as Document 110. The order grants the government's motion after a jury returned a verdict on November 24, 2021 convicting Bostic on Count 1, conspiracy to commit bank fraud and wire fraud under 18 U.S.C. § 1349, among other counts. It recites that a PPP loan disbursement of $84,515.00 was made on May 20, 2020 into an account of I Am Liquid Inc, and that referrals brought another $40,000.00 into that account. The order enters a forfeiture money judgment of $124,515.00 and forfeits up to $41,903.00 on deposit at J.P. Morgan Chase Bank under 18 U.S.C. § 982(a)(2)(A).
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“United States v. Keyaira Bostic — Preliminary Order of Forfeiture (S.D. Fla., Document 110).”
Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/preliminary-order-of-forfeiture-no-0-20-cr-60139-dkt-110-s-d-fla-a7d5e4b55c/
, SHA-256 00458a17e9468421f5ce4778a87ed99f61f073ec5e33c3ed41716a06a0ef9d70.Full text
Case 0:20-cr-60139-WPD Document 110 Entered on FLSD Docket 12/13/2021 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 20-CR-60139-DIMITROULEAS/SNOW
UNITED STATES OF AMERICA
v.
KEYAIRA BOSTIC,
Defendant.
PRELIMINARY ORDER OF FORFEITURE
THIS MATTER is before the Court upon motion of the United States of America (the
"United States") for entry of a Preliminary Order of Forfeiture ("Motion") against Defendant
Keyaira Bostic (the "Defendant"). The Court has considered the Motion, is otherwise advised in
the premises, and finds as follows:
On December 8, 2020, a federal grand jury returned an Indictment charging the Defendant
in Count 1 with conspiracy to commit bank fraud and wire fraud in violation of 18 U.S.C. § 1349,
among other counts. Indictment, ECF No. 17. The Indictment also contained forfeiture
allegations, which alleged that upon conviction of a violation of 18 U.S.C. § 1349, the Defendant
shall forfeit any property constituting, or derived from, any proceeds the defendant obtained,
directly or indirectly, as a result of such violation pursuant to 18 U.S.C. § 982(a)(2)(A). See id. at
11. The Indictment alleged that the property subject to forfeiture as a result of the alleged offense
includes, but is not limited to: up to an including $41,903.00 on deposit in account number
000000587822310 at J.P. Morgan Chase Bank held in the name of I Am Liquid Inc (the "IAL
Account"). See id
On November 24, 2021, after a trial, a jury returned a verdict convicting the Defendant on
Case 0:20-cr-60139-WPD Document 110 Entered on FLSD Docket 12/13/2021 Page 2 of 4
Count 1 of the Indictment, among other counts. See Trial Minute Entries, ECF No. 86, 87, 88, 89,
90, 91, 92; Jury Verdict, ECF No. 97.
As the testimony and exhibits presented at trial demonstrated, between in or around May
2020, through in or around July 2020, the Defendant participated in a scheme with James Stote
("Stote") and others to obtain fraudulent Paycheck Protection Program ("PPP") loans. Jury
Verdict, ECF No. 97.
Defendant personally obtained a PPP loan disbursement on behalf of her business, I am
Liquid, Inc. ("JAL") based on fraudulent representations on the PPP loan application. See Gov.
Ex. l. Based on those misrepresentations, A PPP loan disbursement was made into the JAL
Account in the amount of $84,515.00 on May 20, 2020. See Gov. Ex. 102c. The Defendant was
the only signer on the JAL Account. See Gov. Ex. 102b. At the time of loan disbursement, the
balance of the JAL Account was $161.24. See Gov. Ex. 102c.
Additionally, :fue Defendant referred others into the scheme. See, e.g., Gov. Ex. 322, 325.
Based on those referrals, on June 10, 2020 and June 15, 2020, James Stote wired a total of
$40,000.00 to the JAL account. See Gov. Ex. 102c.
On October 29, 2020, J.P. Morgan Chase Bank placed a hold on the JAL Account. The
ending balance of the JAL Account was $41,903.00.
Between the time each of these fraudulent deposits and October 29, 2020, the balance of
the JAL Account never fell below the sum of the deposited fraud proceeds, indicating that
fraudulent proceeds have remained in the JAL since their deposit. See Gov. Ex. 102c.
Based on the record in this case, the total value of the proceeds traceable to Count 1 of the
Indictment is $124,515.00, which sum may be sought as a forfeiture money judgment pursuant to
Rule 32.2 of the Federal Rules of Criminal Procedure.
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Case 0:20-cr-60139-WPD Document 110 Entered on FLSD Docket 12/13/2021 Page 3 of 4
In addition, also based on the record in this case, the following specific property is directly
subject to forfeiture, pursuant to 18 U.S.C. § 982(a)(2)(A): up to an including $41,903.00 on
deposit in account number 000000587822310 at J.P. Morgan Chase Bank held in the name of I
Am Liquid Inc.
Accordingly, based on the foregoing, the evidence in the record, and for good cause shown,
the Motion is GRANTED, and it is hereby ORDERED that:
1. Pursuant to 18 U.S.C. § 982(a)(2)(A) and Rule 32.2 of the Federal Rules of
Criminal Procedure, a forfeiture money judgment in the amount of $124,515.00 is hereby entered
against the Defendant.
2. Pursuant to 18 U.S.C. § 982(a)(2)(A), the following specific property is hereby
forfeited and vested in the United States of America: up to an including $41,903.00 on deposit in
account number 000000587822310 at J.P. Morgan Chase Bank held in the name of I Am Liquid
Inc.
3. Any duly authorized law enforcement agency may seize and take possession of the
forfeited property according to law.
4. The United States shall send and publish notice of the forfeiture in accordance with
Rule 32.2(b)(6) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n).
5. The United States is authorized to conduct any discovery that might be necessary
to identify, locate, or dispose of forfeited property, and to resolve any third-party petition, pursuant
to Rule 32.2(b)(3), (c)(l)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m).
6. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order
is final as to the Defendant.
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Case 0:20-cr-60139-WPD Document 110 Entered on FLSD Docket 12/13/2021 Page 4 of 4
7. The Court shall retain jurisdiction in this matter for the purpose of enforcing this
Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend.
this Order, or enter other orders as necessary, to forfeit additional specific property when
identified.
It is further ORDERED that upon adjudication of all third-party interests, if any, the Court
will enter a final order of forfeiture as to the property in which all interests will be addressed.
Upon notice from the United States that no claims have been filed within 60 days of the first day
of publication or within 30 days of receipt of notice, whichever is earlier, then, pursuant to Rule
32.2(c)(2) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(7), this Order shall
become a Final Order of Forfeiture and any duly authorized law enforcement agency shall dispose
of the property in accordance with applicable law.
DONE AND ORDERED in Fort Lauderdale, Florida, this
2021.
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