United States v. Derian McMillian — Preliminary Order of Forfeiture (E.D.N.C., Document 33)

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A preliminary order of forfeiture in United States v. Derian McMillian, No. 7:25-CR-00122-FL, in the U.S. District Court for the Eastern District of North Carolina, Southern Division, filed 08/04/26 as Document 33. It recites that McMillian pleaded guilty under a written plea agreement to Count One of the Criminal Information, charging offenses under 18 U.S.C. §§ 1343 and 1349. The order enters a forfeiture money judgment of $100,100.00, representing gross proceeds personally obtained by the defendant, for which the defendant is solely liable and which the United States may satisfy from substitute assets under 21 U.S.C. § 853(p). It also forfeits other property derived from proceeds of Count One and becomes final as to the defendant upon entry, with the defendant's consent.

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

NO. 7:25-CR-00122-FL

UNITED STATES OF AMERICA

Vv. : PRELIMINARY
ORDER OF FORFEITURE
DERIAN MCMILLIAN

WHEREAS, the above-named defendant has pleaded guilty pursuant to a
written plea agreement as to Count One of the Criminal Information, charging the
defendant with offenses in violation of 18 U.S.C. §§ 1343 and 1349;

AND WHEREAS, the government has filed a motion for entry of a Preliminary
Order of Forfeiture, showing unto the Court: that the defendant personally obtained
at least $100,100.00 in proceeds from the offense(s) for which he/she has been found
guilty, and that he/she made the proceeds unavailable as a result of his/her acts or
omissions and one or more of the conditions to forfeit substitute assets exists, as set
forth in 21 U.S.C. § 853(p); and that the defendant individually, or in combination
with one or more co-defendants, has or had an ownership, beneficial, possessory, or
other legal interest in and/or exercised dominion and control over each item of
property that is subject to forfeiture herein;

NOW, THEREFORE, based upon the defendant's guilty plea along with the
stipulations contained in the Memorandum of Plea Agreement, the points and

authorities in the government’s motion, and all of the evidence of record in this case,
the Court FINDS as fact and CONCLUDES as a matter of law that there is a nexus
between each item of property listed below and the offense(s) to which the defendant
has pleaded guilty, and that the defendant (or any combination of defendants in this
case) has or had an interest in the property to be forfeited,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. The following property is forfeited to the United States pursuant to Fed.
R. Crim. P. 32.2(b)(2) and 18 U.S.C. § 981(a)(1)(C):

Forfeiture Money Judgment:

a) Asum of money in the amount of $100,100.00, representing the gross
proceeds personally obtained by the defendant as a result of the
offense(s) for which he/she has been convicted; and an amount for
which the defendant shall be solely liable and in satisfaction of which
the United States may forfeit substitute assets pursuant to 21 U.S.C.

§ 853(p);

General Forfeiture Order:

b) Any other property, not identified above, that constitutes or is
derived from proceeds traceable to the offense(s) of conviction in
Count One.
2. Pursuant to Fed. R. Crim. P. 32.2(b)(8) and 32.2(c)(1)(B), the United
States is authorized to conduct any discovery pursuant to the applicable Federal

Rules of Civil Procedure needed to identify, locate, or dispose of the above-referenced

Case 7:25-cr-00122-FL Document 33 Filed 08/04/26 Page 2 of 4
property, or other substitute assets, including depositions, interrogatories, requests
for production of documents and for admission, and the issuance of subpoenas.

3. To the extent this Order constitutes a personal forfeiture money
judgment against the defendant, in accordance with Fed. R. Crim. P. 32.2(b)(6)(A),
the United States is not required to send or publish notice of the same, as there is no
specific property to be forfeited. However, this Order may be recorded in the records
of the Clerk of Court in any county in which the defendant resides or has either real
or personal property as a lien thereon. Pursuant to Rule 32.2(e) of the Federal Rules
of Criminal Procedure, the United States may move to amend this Order at any time
to forfeit other property in which the defendant has an interest, whether directly
forfeitable or substitute assets, to satisfy this forfeiture money judgment in whole or
in part; provided that the net proceeds of any subsequently forfeited assets shall be
credited toward satisfaction of the judgment upon liquidation.

4. Upon sentencing and issuance of the Judgment and Commitment Order,
the Clerk of Court is DIRECTED to incorporate a reference to this Order of Forfeiture
in the applicable section of the Judgment, as required by Fed. R. Crim. P.
32.2(b)(4)(B). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), with the defendant’s

consent, this Order shall be final as to the defendant upon entry.

Case 7:25-cr-00122-FL Document 33 Filed 08/04/26 Page 3of 4
5. The Court shall retain jurisdiction to enforce this Order, and to amend
it as necessary pursuant to Fed. R. Crim. P. 32.2(e), when additional specific or
substitute property is identified.

SO ORDERED, this the 4th day of August , 2026.

( apis W. FLANABAN
UNITED STATES DISTRICT JUDGE


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