United States v. William Chan — Preliminary Order of Forfeiture (District of South Carolina, Entry Number 41)

Summary

A Preliminary Order of Forfeiture as to William Chan in United States v. William Chan, Criminal No. 2:24-cr-00507-RMG-1, U.S. District Court, District of South Carolina, Charleston Division, Entry Number 41, filed December 30, 2024 and signed by Richard M. Gergel. It recites that an Information filed July 2, 2024 charged Chan with conspiracy under 18 U.S.C. § 371 and 18 U.S.C. §1343, that the forfeiture allegation sought a minimum of $3,251,086.00, and that Chan pleaded guilty on August 12, 2024. The order says the United States is entitled to forfeit substitute assets equal to the proceeds Chan obtained, and enters forfeiture "for an undetermined amount". A footnote says the amount of the forfeiture judgment will be determined at sentencing.

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    2:24-cr-00507-RMG           Date Filed 12/30/24           Entry Number 41        Page 1 of 3




                         IN THE UNITED STATES DISTRICT COURT
                             DISTRICT OF SOUTH CAROLINA
                                 CHARLESTON DIVISION

UNITED STATES OF AMERICA                      )   CRIMINAL NO.: 2:24-cr-00507-RMG-1
                                              )
                 v.                           )
                                              )
WILLIAM CHAN                                  )


                         PRELIMINARY ORDER OF FORFEITURE
                               AS TO WILLIAM CHAN

       This matter is before the court on the motion of the United States for a Preliminary Order

of Forfeiture as to Defendant William Chan, (“Chan”, “Defendant”), based upon the following:

           1.   On July 2, 2024, an Information (“Information”) was filed charging William Chan

with conspiracy to commit wire faud, in violation of 18 U.S.C. § 371 and 18 U.S.C. §1343.

       2.       Pursuant to Fed. R. Crim. P. 32.2(a), the Information contained a forfeiture

allegation providing that, upon Chan’s conviction, certain properties enumerated therein, or

equivalent substitute assets, would be subject to forfeiture to the United States. As specified

therein, such assets include, but are not limited to, the following:

                Forfeiture Judgment/Proceeds: 1

                A sum of money equal to all proceeds the Defendants obtained directly or
                indirectly as the result of the offense charged in this Information, that is, a
                minimum of $3,251,086.00 and all interest and proceeds traceable thereto,
                and/or such sum that equals all property traceable to their violation of 18
                U.S.C. § 371.

       3.       On June 27, 2024, Chan signed a plea agreement, agreeing to forfeiture, and on

August 12, 2024 entered into a plea of guilty as to the Information.



       1
          The government is pursuing a forfeiture judgment against the defendant. The amount of
the forfeiture judgment will be determined at sentencing.
                                           Order, p. 1 of 3
    2:24-cr-00507-RMG           Date Filed 12/30/24          Entry Number 41       Page 2 of 3




        4.     Based upon Defendant’s conviction, the court has determined that the government

has established the requisite nexus between the amount of proceeds and the offenses for which

William Chan has been convicted; therefore, the United States is entitled to a preliminary order of

forfeiture, subject to the provisions of 21 U.S.C. § 853 governing third party rights. The court has

determined that the property described above is subject to forfeiture, pursuant to 18 U.S.C.

§ 981(a)(1)(C) and 28 U.S.C. § 2461(c).

        Therefore, it is ORDERED that all property, real or personal, which constitutes or is

derived from proceeds traceable to the Defendant’s violation of 18 U.S.C. § 371 are subject to

forfeiture.

        5.     The Court further finds that one or more of the conditions set forth in Title 21,

United States Code, Section 853(p), exists.

        6.     It is, therefore, ORDERED that the United States is entitled to forfeit substitute

assets equal to the value of the proceeds obtained by Defendant William Chan as a result of his

violation of 18 U.S.C. § 371 and that such substitute assets shall not exceed the value of the

proceeds Defendant William Chan obtained.

      Accordingly, it is hereby ORDERED,

        1.     The below-described property, and all right, title, and interest of the Defendant,

William Chan, in and to such property, is hereby forfeited to the United States of America, for

disposition in accordance with law, subject to the rights of third parties in such property under 21

U.S.C. § 853(n).

        2.     FORFEITURE IS ENTERED against William Chan and in favor of the United

States for an undetermined amount. The United States may at any time move pursuant to Rule

32.2(e) to amend this Order of Forfeiture to substitute property to satisfy the forfeiture judgment.

                                          Order, p. 2 of 3
    2:24-cr-00507-RMG            Date Filed 12/30/24           Entry Number 41        Page 3 of 3




        3.       The United States may sell or otherwise dispose of any substitute assets in

accordance with law as required to satisfy the above imposed judgment.

        4.       Upon entry of this Order, the Government is further authorized to conduct

discovery to identify, locate, or other substitute assets, in accordance with Fed. R. Crim. P.

32.2(b)(3); and to commence proceedings that comply with statutes governing third party rights,

if applicable.

        5.       The government is not required to publish notice regarding the judgment against

Defendant; however, the Order shall be recorded in the records of the County Clerk’s Office in the

County of the debtor’s residence, place of business, and any and all other counties in which the

debtor has either real or personal property, as a lien thereon.

        6.       Upon entry of the criminal judgment, this Order becomes final as to Defendant, and

shall be made a part of the sentence and included in the criminal judgment.

        7.       The court shall retain jurisdiction to enforce this Order and to amend it as necessary,

pursuant to Fed. R. Crim. P. 32.2(e).

        8.       The Clerk, United States District Court, shall provide one (1) certified copy of this

Order to the United States Attorney’s Office.



        AND IT IS SO ORDERED.

                                                s/ Richard Mark Gergel
                                                RICHARD M. GERGEL
                                                UNITED STATES DISTRICT JUDGE


December 30, 2024
Charleston, South Carolina



                                            Order, p. 3 of 3


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