Opinion
CRIMINAL 2:22-cr-00293-BHH
09-21-2023
UNITED STATES OF AMERICA v. FELICIA LYLES a/k/a Felicia Lylless
PRELIMINARY ORDER OF FORFEITURE
BRUCE HOWE HENDRICKS, UNITED STATES DISTRICT JUDGE.
This matter is before the court on the motion of the United States for a Preliminary Order of Forfeiture as to Defendant Felicia Lyles, (“Lyles”, “Defendant”), based upon the following:
1. On August 9, 2022, a Superseding Indictment (“Indictment”) was filed charging Lyles with:
Counts 1,6, & 7: Bank fraud, in violation of 18 U.S.C. § 1344;
Counts 2, 10 & 11: Identity theft, in violation of 18 U.S.C. § 1028;
Counts 3 & 8: False statements, in violation of 18 U.S.C. § 1014;
Counts 4 & 9: Wire fraud, in violation of 18 U.S.C. § 1343; and
Count 5: Aggravated identity theft, in violation of 18 U.S.C. § 1028(A).
2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a forfeiture allegation providing that upon Lyles' 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:
Proceeds/Forfeiture Judgment :
The government is pursuing a forfeiture judgment in the amount of $25,417.55, which is the loss amount attributed to the Defendant.
A sum of money equal to all proceeds the Defendant obtained, directly or indirectly, from the offenses charged in this Superseding Indictment, and all interest and proceeds traceable thereto, and/or such sum that equals all property derived from or traceable to her violations of Title 18.
3. On April 18, 2023, Lyles pled guilty to one count of bank fraud, the count of aggravated identity theft, and one count of wire fraud. Pursuant to a written plea agreement, Lyles agreed to the entry of a forfeiture judgment.
4. Based upon the record and Defendant's conviction, the court has determined that the property described above is subject to forfeiture, pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(2)(A), and 28 U.S.C. § 2461(c).
5. The court has determined that the government has established the requisite nexus between the said property subject to forfeiture and the offenses for which Lyles 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.
Accordingly, it is hereby ORDERED,
1. The below-described property, and all rights, title, and interest of the Defendant, Felicia Lyles, 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 ORDERED against Felicia Lyles and in favor of the United States for $25,417.55, 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 forfeiture 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 forfeiture judgment.
4. Upon the entry of this Order, the United States Attorney is authorized to conduct proper discovery in identifying, locating, or disposing of the described property, 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 personal forfeiture 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.