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United States v. Lori Hammond — Preliminary Order of Forfeiture (District of South Carolina, Entry Number 16)

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Preliminary Order of Forfeiture as to Lori Hammond in United States v. Hammond, Criminal No. 2:22-cr-00454-DCN, in the U.S. District Court for the District of South Carolina, Charleston Division, Entry Number 16, filed June 29, 2022. The order recites that an Information filed May 25, 2022 charged Hammond with conspiracy to commit wire fraud under 18 U.S.C. § 371 and wire fraud under 18 U.S.C. §1343, and that a plea of guilty to Counts 1 and 2 was entered on June 23, 2022. It forfeits listed bank account funds and a vehicle and states that substitute assets shall not exceed $4,721,638.50. A footnote says proceeds of $627,274.80 from a sold property will be forfeited in lieu of the real property. David C. Norton, United States District Judge, dated the order June 29, 2022.

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“United States v. Lori Hammond — Preliminary Order of Forfeiture (District of South Carolina, Entry Number 16).” Original at ecf.scd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/preliminary-order-of-forfeiture-usa-v-hammond-dkt-16-c5b14e0dfc/, SHA-256 b4e02764409fd57bfe5411fc9aa63c45e758b8ff86d33521b81a64e4973c5935.

Full text

    2:22-cr-00454-DCN           Date Filed 06/29/22        Entry Number 16       Page 1 of 7




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

UNITED STATES OF AMERICA                      )   CRIMINAL NO.: 2:22-cr-00454-DCN
                                              )
                v.                            )
                                              )
LORI HAMMOND                                  )



                          PRELIMINARY ORDER OF FORFEITURE
                                AS TO LORI HAMMOND

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

of Forfeiture as to Defendant Lori Hammond, (“Hammond”, “Defendant”), based upon the

following:

        1.    On May 25, 2022, an Information (“Information”) was filed charging Hammond

with:

               Count 1:                Conspiracy to commit wire faud, in violation of 18
                                       U.S.C. § 371;

               Count 2:                Wire fraud, in violation of 18 U.S.C. §1343.

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

allegation providing that, upon Hammond’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:

               A.      Cash Proceeds/Forfeiture Judgment:1

                       A sum of money equal to all property the Defendant obtained as a
                       result of the wire fraud offenses charged in this Information, and

        1
        The government is pursuing a forfeiture judgment against the defendant in the amount
of $4,721,638.50.
2:22-cr-00454-DCN       Date Filed 06/29/22     Entry Number 16      Page 2 of 7




              all interest and proceeds traceable thereto as a result for her
              violation of 18 U.S.C. §§ 371 and 1343.

        B.    Bank Accounts:

              (1)      $24.59 in funds from BB&T Truist Bank account x7861 in the
                       name of Lori Hammond and Coastal Document Services
                       Asset ID: 21-FBI-002262

              (2)      $1,850.40 in funds from BB&T Truist Bank account x5638 in
                       the name of Lori Hammond and Coastal Document Services
                       Asset ID: 21-FBI-002261

              (3)      $1,191.39 in funds from BB&T Truist Bank account x5611 in
                       the name of Lori Hammond dba High Voltage Retros
                       Asset ID: 21-FBI-002260

              (4)      $1,341,833.43 in funds from BB&T Truist Bank account
                      x5603 in the name of Lori Hammond
                    Asset ID: 21-FBI-002259

              (5)      $76.00 in funds from BB&T Truist Bank account x5581 in the
                       name of Lori Hammond
                       Asset ID: 21-FBI-002258

              (6)      $742.84 in funds from BB&T Truist Bank account x5573 in
                       the name of Lori Hammond
                    Asset ID: 21-FBI-002257

              (7)      $12,603.52 in funds from BB&T / Truist Bank account x5565
                       in the name of Lori Hammond
                    Asset ID: 21-FBI-002256

              (8)      $414.58 in funds from BB&T / Truist Bank account x9125 in
                        the name     of Lori Hammond
                    Asset ID: 21-FBI-002255

              (9)      $408.90 in funds from BB&T / Truist Bank account x2850 in
                       the name of Lori Hammond
                    Asset ID: 21-FBI-002254
    2:22-cr-00454-DCN          Date Filed 06/29/22       Entry Number 16         Page 3 of 7




               C.     Real Property:2

                      12 Plantation Drive
                      Manning, South Carolina 29102
                      Parcel ID: 162-00-01-034-00
                      Titled in the name of: Lori Hammond
                      Asset ID: 21-FBI-001801

               D.     Vehicle:

                      2020 Ford Mustang
                      VIN: 1FA6P8SJ1L5502622
                      Asset ID: 22-FBI-004550

       3.      On May 19, 2022, Hammond signed a plea agreement, agreeing to forfeiture, and

on June 23, 2022 she entered into a plea of guilty as to Counts 1 and 2 of of the Information.

       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 property involved in

Defendant’s offenses and the violations for which Hammond 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 Defendant’s violations of Title 18, United States Code, Sections 371

and 1343 are forfeited to the United States and that all property involved in Defendant’s

violations of Title 18, United States Code, Sections 371 and 1343 are forfeited to the United


       2

 This property sold on June 27, 2022. The proceeds that will be wired to Ms. Hammond’s attorney’s
trust account total $627,274.80. Upon agreement of the parties, the government will be forfeiting
these proceeds in lieu of the real property.
    2:22-cr-00454-DCN            Date Filed 06/29/22      Entry Number 16         Page 4 of 7




States.

          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 Hammond as a result of her

violations of Title 18, United States Code, Sections 371 and 1343, and that such substitute assets

shall not exceed the value of the proceeds Defendant Hammond obtained of $4,721,638.50.

               Accordingly, it is hereby ORDERED,

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

Lori Hammond, 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):

                       Bank Accounts:

                       (1)      $24.59 in funds from BB&T Truist Bank account x7861 in the
                                name of Lori Hammond and Coastal Document Services
                                Asset ID: 21-FBI-002262

                       (2)      $1,850.40 in funds from BB&T Truist Bank account x5638 in
                                the name of Lori Hammond and Coastal Document Services
                                Asset ID: 21-FBI-002261

                       (3)      $1,191.39 in funds from BB&T Truist Bank account x5611 in
                                the name of Lori Hammond dba High Voltage Retros
                                Asset ID: 21-FBI-002260

                       (4)      $1,341,833.43 in funds from BB&T Truist Bank account
                               x5603 in the name of Lori Hammond
                             Asset ID: 21-FBI-002259

                       (5)      $76.00 in funds from BB&T Truist Bank account x5581 in the
                                name of Lori Hammond
    2:22-cr-00454-DCN            Date Filed 06/29/22      Entry Number 16       Page 5 of 7




                                Asset ID: 21-FBI-002258

                       (6)      $742.84 in funds from BB&T Truist Bank account x5573 in
                                the name of Lori Hammond
                             Asset ID: 21-FBI-002257


                       (7)      $12,603.52 in funds from BB&T / Truist Bank account x5565
                                in the name of Lori Hammond
                             Asset ID: 21-FBI-002256

                       (8)      $414.58 in funds from BB&T / Truist Bank account x9125 in
                                 the name     of Lori Hammond
                             Asset ID: 21-FBI-002255

                       (9)      $408.90 in funds from BB&T / Truist Bank account x2850 in
                                the name of Lori Hammond
                             Asset ID: 21-FBI-002254

               C.      Proceeds From Sale of Real Property:

                       $627,274.80 from the the sale of 12 Plantation Drive Manning, South
                       Carolina 29102 held in defense counsel’s trust account.


               D.      Vehicle:

                       2020 Ford Mustang
                       VIN: 1FA6P8SJ1L5502622
                       Asset ID: 22-FBI-004550

       2.      FORFEITURE IS ENTERED against Lori Hammond and in favor of the United

States in the amount of $4,721,638.50, along with appropriate costs and interest thereon at the

rate provided for in 28 U.S.C. § 1961 as of the date of entry of judgment until paid in full. 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 judgment.

       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.
    2:22-cr-00454-DCN            Date Filed 06/29/22        Entry Number 16         Page 6 of 7




        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.       The United States shall publish notice of this Order and its intent to dispose of the

personal property in such manner as the Attorney General may direct. The United States may

also, to the extent practicable, provide written notice to any person known to have an alleged

interest in the said property.

        7.       Upon entry of this Order, the United States is authorized to seize the above-

described property as directed by the United States Attorney’s Office and to commence

proceedings that comply with statutes governing third party rights.

        8.       Any person, other than the named Defendant, asserting a legal interest in the

subject property may, within thirty days of the final publication of notice or receipt of notice,

whichever is earlier, petition the court for a hearing without a jury to adjudicate the validity of

his alleged interest in the subject property and for an amendment of the order of forfeiture,

pursuant to 21 U.S.C. § 853(n)(6) and Fed. R. Crim. P. 32.2(c).

        9.       Any petition filed by a third party asserting an interest in the above-described

property shall be signed by the petitioner under penalty of perjury and shall set forth the nature

and extent of the petitioner’s right, title, or interest in the subject property, the time and
    2:22-cr-00454-DCN            Date Filed 06/29/22       Entry Number 16          Page 7 of 7




circumstances of the petitioner’s acquisition of the right, title or interest in such property, and

additional facts supporting the petitioner’s claim and the relief sought.

        10.       After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and

before a hearing on the petition, discovery may be conducted in accordance with the Federal

Rules of Civil Procedure upon a showing that such discovery is necessary or desirable to resolve

factual issues.

        11.       The United States shall have clear title to the property following the court’s

determination of all third party interests, or, if no petitions are filed, following the expiration of

the period provided in 21 U.S.C. § 853(n)(2) for the filing of third party petitions.

        12.       The court shall retain jurisdiction to resolve disputes which may arise and to

enforce and amend this Order as necessary, pursuant to Fed. R. Crim. P. 32.2(e).

        13.       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.

        14.       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.

                                               _____________________________
                                               DAVID C. NORTON
                                               UNITED STATES DISTRICT JUDGE


June 29, 2022
Charleston, South Carolina


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