United States v. Luke Pierre, Jr. — Preliminary Order of Forfeiture (S.D. Fla., Document 17)

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A Preliminary Order of Forfeiture in United States v. Luke Pierre, Jr., Case No. 21-cr-60288-DIMITROULEAS, in the United States District Court for the Southern District of Florida, entered on the docket 11/29/2021 as Document 17. It recites that an October 6, 2021 information charged the defendant with conspiracy to commit wire fraud under 18 U.S.C. § 371 and that the court accepted his guilty plea on November 1,2021. Citing the factual proffer, it states that from around May 2020 through at least July 2020 the defendant conspired with others to obtain by fraud a Paycheck Protection Program loan for Most Wanted Bullyz LLC, which was funded with a wire of $414,675.00. The order enters a forfeiture money judgment of $414,675.00 against the defendant under 18 U.S.C. § 982(a)(2)(A) and makes the order final as to him.

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Case 0:21-cr-60288-WPD Document 17 Entered on FLSD Docket 11/29/2021 Page 1 of 3




                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

                             CASE NO. 21-cr-60288-DIMITROULEAS


   UNITED STATES OF AMERICA

   v.

   LUKE PIERRE, JR.,

                  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 Luke

  Pierre, Jr. (the "Defendant"). The Court has considered the Motion, is otherwise advised in the

  premises, and finds as follows:

         On October 6, 2021, the United States filed an Information charging the Defendant with

  conspiracy to commit wire fraud in violation of 18 U.S.C. § 371. Information, ECF No. 1. The

  Information also contained forfeiture allegations, which alleged that upon conviction of a violation

  of 18 U.S.C. § 371, the Defendant shall forfeit any proceeds the defendant obtained, directly or

  indirectly, as the result of such violation pursuant to 18 U.S.C. § 982(a)(2)(A). See id. at 6.

         On November 1,2021, the Court accepted the Defendant's guilty plea to the Information.

  See Minute Entry, ECF No. 12; Plea Agreement ,r 1, ECF No. 13. As part of the guilty plea, the

  Defendant agreed to the entry forfeiture money judgment in the amount of $414,675.00 against

  him. Plea Agreement ,r 13, ECF No. 13.

         In support of the guilty plea, the Defendant executed a Factual Proffer, and the Court found

  that there was a factual basis to support the Defendant's conviction. See Factual Proffer, ECF No,
Case 0:21-cr-60288-WPD Document 17 Entered on FLSD Docket 11/29/2021 Page 2 of 3




  14. The Factual Proffer also provided a basis for the forfeiture of property. See id. at 3.

          As described in the Defendant's Factual Proffer, from in or around May 2020, through in

  or around at least July 2020, the Defendant knowingly and willfully conspired with James Stote,

  Phillip J. Augustin, Individual 1, Individual 2, and others to obtain by fraud a Paycheck Protection

  Program ("PPP") loan on behalf of Most Wanted Bullyz LLC ("MWB"). Factual Proffer at 2,

  ECF No. 14.         As a result of the knowingly and willfully false representations made by the

  Defendant and his coconspirators in the loan documents, Bank Processor 1 approved the loan for

  MWB, which Bank 1 funded by making an electronic wire transfer in the amount of $414,675.00

  into an account ending in 8941 held in the name of MWB, for which the Defendant was the sole

  signer. Id. at 3.

          Based on the record in this case, the total value of the proceeds traceable to the offense of

  conviction is $414,675.00, which sum may be sought as a forfeiture money judgment pursuant to

  Rule 32.2 of the Federal Rules of Criminal Procedure.

          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 $414,675.00 is hereby entered

  against the Defendant.

          2.      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).

          3.      Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order

  is final as to the Defendant.




                                                     2
Case 0:21-cr-60288-WPD Document 17 Entered on FLSD Docket 11/29/2021 Page 3 of 3




          4.    The Court shall retain jurisdiction in this matter for the purpose of enforcing this

  Order, and pursuant to Rule 32.2(e)(l) of the Federal Rules of Criminal Procedure, shall amend

  this Order, or enter other orders as necessary, to forfeit additional specific property when

  identified.

          DONE AND ORDERED in Fort Lauderdale, Florida, t h i s ~ day of

  _ _ 2021.




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