Opinion
4:23-CR-06 (CDL)
09-28-2023
UNITED STATES OF AMERICA v. AMANAH CHILDS Defendant
PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT
CLAY D. LAND, JUDGE UNITED STATES DISTRICT COURT
WHEREAS, on June 13, 2023, Defendant Amanah Childs (hereinafter “Childs” or “Defendant”), pled guilty to Counts One and Two of the Information charging him with Wire Fraud, in violation of Title 18, United States Code, Section 1343, and Aggravated Identity Theft, in violation of Title 18, United States Code, Section 1028A(a)(1);
AND WHEREAS, the Information contained a Forfeiture Notice, pursuant to which the United States seeks forfeiture under Title 18, United States Code, Section 981(a)(1)(C), in conjunction with Title 28, United States Code, Section 2461(c), of any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such offense(s), including, but not limited to a personal money judgment in an amount to be determined;
AND WHEREAS, the United States has filed a Motion and Memorandum for the Issuance of a Preliminary Order of Forfeiture/Money Judgment against Childs in the amount of ten thousand dollars ($10,000.00), representing the proceeds of the violation, obtained directly or indirectly, as a result of such offense(s); and
WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure provides that “no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment”;
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1. Pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), 18 U.S.C. § 3554, and Rule 32.2(b), Federal Rules of Criminal Procedure, the Court finds by a preponderance of the evidence that the United States has demonstrated the required nexus between the personal money judgment amount and the offense(s) of conviction, and the Defendant shall forfeit to the United States the sum of ten thousand dollars ($10,000.00).
2. The United States District Court, Middle District of Georgia, shall retain jurisdiction in the case for the purpose of enforcing this Order of Forfeiture/Money Judgment.
3. Pursuant to FED. R. CRIM. P. 32.2(b)(4), this Order of Forfeiture/Money Judgment shall become final as to the Defendant at the time of sentencing and shall be made part of the sentence and included in the judgment.
4. As issued this date, this Order of Forfeiture/Money Judgment consists of a judgment for a sum of money. The United States may, at any time, move pursuant to FED. R. CRIM. P. 32.2(e), to amend this Order of Forfeiture/Money Judgment if the Government locates specific assets traceable to the fraud proceeds or other assets subject to forfeiture as substitute assets pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c), through 18 U.S.C. § 981(a)(1)(C).
SO ORDERED.