United States v. Douglas Wold — Preliminary Order of Forfeiture, Final as to Defendant (District of Idaho)

Summary

Preliminary Order of Forfeiture, Final as to Defendant, in United States v. Douglas Wold, Case No. 1:20-cr-00202-DCN, in the U.S. District Court for the District of Idaho, Document 27, filed May 20, 2021. The Court grants the United States' motion (Dkt. 26) as to subject property that includes proceeds in bank accounts, a 2019 speedboat and a 2019 boat trailer. It states that under the plea agreement filed April 7, 2021, the defendant pleaded guilty to Count One (18 U.S.C. § 1343), Count Twelve (18 U.S.C. § 1341) and Count Thirteen (18 U.S.C. § 1957). The order is dated May 20, 2021 and is signed by David C. Nye, Chief U.S. District Court Judge.

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“United States v. Douglas Wold — Preliminary Order of Forfeiture, Final as to Defendant (District of Idaho).” Original at ecf.idd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/preliminary-order-of-forfeiture-usa-v-wold-dkt-27-055a6444b0/, SHA-256 dd4606bcc8f1dba98cb78ddfb1239eb153d99c90df4ec21bcd4928ebb34a0caf.

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Case 1:20-cr-00202-DCN Document 27 Filed 05/20/21 Page 1 of 6

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,
Case No. 1:20-cr-00202-DCN
Plaintiff,
PRELIMINARY ORDER OF
vs. FORFEITURE, FINAL AS TO
DEFENDANT1
DOUGLAS WOLD,

Defendant.

This matter comes before the Court on the United States’ Motion for Preliminary

Order of Forfeiture, Final as to Defendant. Dkt. 26.

The Court finds that the Motion and the record establish: (a) the requisite nexus

between the property subject to forfeiture and the offense, as required by Federal Rule of

Criminal Procedure 32.2, and (b) a sufficient factual and legal basis for forfeiture to

include, but not be limited to, the following Subject Property and any Substitute Assets.

Subject Property:

1. Identified Property. Proceeds and funds derived from proceeds in various

bank accounts, including the following (amounts are approximate and at

least):

1
Despite its name, a Preliminary Order of Forfeiture is the final order as to the Defendant. Fed. R. Crim.
P. 32.2(b)(4). A Final Order of Forfeiture, when necessary, addresses third party interests. Fed. R. Crim.
P. 32.2(c).

PRELIMINARY ORDER OF FORFEITURE - FINAL TO DEFENDANT - 1
Case 1:20-cr-00202-DCN Document 27 Filed 05/20/21 Page 2 of 6

(a) Banner Bank account ending in 7922 for Wake Plates LLC containing

$6,230.34;

(b) Banner Bank account ending in 9315 for Douglas Arnold Wold d/b/a

Hala Lallo Health containing $14,152.44;

Wake Plate Design containing $863.10;

(d) Banner Bank account ending in 6223 for K.A.M.W. and Douglas Arnold

Wold containing $9,151,17;

(e) Banner Bank account ending in 6321 for T.R.M.W. and Douglas Arnold

Wold containing $7,800.03;

(f) Banner Bank account ending in 6528 for K.J.M.W. and Douglas Arnold

Wold containing $7,577.12;

(g) 2019 Tige’ R23 Speedboat, Hull Identification Number TIX0242SD919;

and

(h) 2019 Boatmate Boat Trailer, Vehicle Identification Number

5A7BB2322KT000147.

The Defendant agreed that the speedboat and trailer also constitute property

involved in the money laundering offense, Count Thirteen.

Nexus and Factual Basis for Forfeiture

Based upon the Plea Agreement, filed April 7, 2021, the defendant admitted that the

Subject Property was proceeds of his schemes, and derived from proceeds, and that the

speedboat and trailer also were involved in money laundering. (Dkt. 18 at 8.) The

PRELIMINARY ORDER OF FORFEITURE - FINAL TO DEFENDANT - 2
Case 1:20-cr-00202-DCN Document 27 Filed 05/20/21 Page 3 of 6

defendant pleaded guilty to three counts of the Indictment: Count One, a violation of 18

U.S.C. § 1343, admitting that he committed wire fraud, by depositing false payroll checks

into his own bank account; Count Twelve, a violation of 18 U.S.C. § 1341, admitting that

he committed mail fraud, by receiving checks by U.S. mail for false and fraudulent

invoices, which he deposited into a bank account he controlled; and Count Thirteen, a

violation of 18 U.S.C. § 1957, admitting money laundering by knowingly using criminally-

derived proceeds to purchase the above speedboat and trailer. (Dkt. 18 at 3-5.)

Statutory Authority

The Court’s forfeiture authority for mail and wire fraud originates from 18 U.S.C.

§ 981(a)(1)(C) through 28 U.S.C. § 2461(c), which provides that, when imposing sentence

on any person convicted of a violation of 18 U.S.C. §§ 1341 or 1343, the Court, shall order

the person to forfeit property, real or personal, that constitutes or is derived, directly or

indirectly, from proceeds traceable to the commission of the offense. For money

laundering, 18 U.S.C. § 982(a)(1) provides for forfeiture of property involved in or

traceable to the money laundering offense.

NOW THEREFORE, THE COURT ORDERS that the United States’ Motion for

Preliminary Order of Forfeiture, Final as to Defendant (Dkt. 26) is GRANTED, and the

defendant shall forfeit to the United States the Subject Property and any other property

forfeitable pursuant to the Statutory Authority above or other applicable law.

Substitute Assets: Pursuant to 21 U.S.C. § 853(p) and other applicable statutes, the

government may seek forfeiture of substitute assets, “or any other property of the

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Case 1:20-cr-00202-DCN Document 27 Filed 05/20/21 Page 4 of 6

defendant” up to the value of the property subject to forfeiture. The government may do

so when the property subject to forfeiture:

a. Cannot be located upon the exercise of due diligence;

b. Has been transferred or sold to, or deposited with, a third-party;

c. Has been placed beyond the jurisdiction of the court;

d. Has been substantially diminished in value; or

e. Has been commingled with other property which cannot be divided

without difficulty.

The United States Attorney General (or a designee) or the Internal Revenue Service

is authorized to seize the Subject Property in accordance with Criminal Rule 32.2(b)(3).

The United States is further authorized, pursuant to Criminal Rule 32.2(b)(3) and

32.2(c)(1)(B), to conduct any discovery, including depositions and interrogatories intended

to: (a) identify, locate or dispose of the property ordered forfeited herein, any property

traceable thereto, or any property that may be forfeited as substitute assets; or (b) expedite

ancillary proceedings related to any third-party interests claimed pursuant to 21 U.S.C.

§ 853(n).

The United States Attorney General (or a designee) or the Internal Revenue Service

is hereby authorized to commence any applicable proceeding to comply with statutes

governing third-party rights, including giving notice of this Order.

If the United States seeks a Final Order of Forfeiture, it shall provide the required

notice, pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or

Maritime Claims and Asset Forfeiture Actions and 21 U.S.C. § 853(n).

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The United States may publish on an official government internet site

(www.forfeiture.gov) for at least thirty (30) consecutive days, pursuant to Supplemental

Rule G(4)(a)(iv)(C). The United States may also, to the extent practicable, provide written

notice to any person known to have an alleged interest in the Subject Property, other than

the above-named defendant, pursuant to Supplemental Rule G(4)(b) and 21 U.S.C.

§ 853(n)(1).

Any person asserting a legal interest in the Subject Property, or other forfeited

property, must file a claim with the Court within the applicable deadlines. Otherwise, the

claim will be waived and lost. Supplemental Rule G contains specific deadlines, but

typically the deadline to file a claim is no later than sixty days after first publication or

thirty days after receipt of notice, whichever is earlier. Any claim must be signed under

the penalty of perjury and must meet the statutory and Rule requirements, including those

in § 853(n) and Supplemental Rule G(5).

The United States shall have clear title to the Subject Property following the Court's

disposition of all third-party interests. If no third-party files a timely claim, this

Preliminary Order of Forfeiture becomes final as to third parties, pursuant to Criminal Rule

32.2(c)(2).

The Preliminary Order of Forfeiture terminates a defendant’s rights. Thus, a

defendant may not participate in the ancillary proceeding. This Preliminary Order of

Forfeiture is part of the sentence and shall be included in the judgment. See Criminal Rule

32.2(b)(4).

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This Court shall retain jurisdiction to enforce this Order, and to amend it as

necessary, pursuant to Criminal Rule 32.2(e).

DATED: May 20, 2021

_________________________
David C. Nye
Chief U.S. District Court Judge

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