Opinion
3:23-CR-01490-RSH
06-06-2024
UNITED STATES OF AMERICA, Plaintiff, v. SOPHIA GAO (1) Defendant.
ORDER OF CRIMINAL FORFEITURE
Honorable Robert S. Huie, United States District Judge.
WHEREAS, in the Information the United States sought forfeiture of all right, title and interest in property of Defendant SOPHIA GAO ("Defendant"), pursuant to Title 18, United States Code, Section 982(a)(1) and Title 28, United States Code, Section 2461(c) as property involved in the violation of Title 18, United States Code, Section 1960, and any property traceable to such property, as charged in the Information; and
WHEREAS, on or about March 12, 2024, Defendant pled guilty before Magistrate Judge Karen S. Crawford to the Information which included consent to the forfeiture allegations of the Information, consent to forfeiture of all property seized in connection with the case, and entry of a forfeiture money judgment in the amount of $199,895.00 representing the amount of property involved in, or traceable to, the offense which Defendant personally received from the offense charged in the Information, which forfeiture shall be included and incorporated as part of the judgment in this case; and
WHEREAS, on April 22, 2024, this Court accepted the guilty plea of Defendant; and
WHEREAS, by virtue of the admissions of the Defendant set out in the plea agreement and guilty plea, the Court hereby finds that $199,895.00 represents the amount of property involved in, or traceable to, the operating unlicensed money transmitting business offense which Defendant personally received directly as a result of the offense set forth in the Information alleging the violation of Title 18, United States Code, Section 1960; and
WHEREAS, by virtue of said guilty plea and the Court's findings, the United States is now entitled to an Order of Forfeiture in its favor against the Defendant in the form of a forfeiture money judgment representing the amount of the property involved in, or traceable to, the offense and directly obtained by Defendant in the amount of $199,895.00, pursuant to Title 18, United States Code, Sections 982(a)(1), Title 28, United States Code, Section 2461(c), and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and
WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the United States has established the requisite nexus between the $199,895.00 forfeiture money judgment and the offense set forth in the Information and
WHEREAS, the Defendant has agreed that the provisions for the substitution of assets as provided in Title 18, United State Code, Section 982(b) and Title 21, United States Code, Section 85 3 (p) exist, and has agreed the United States may take actions to collect the forfeiture money judgment; and
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Based on the guilty plea of the Defendant to the Information the United States is entitled to a forfeiture money judgment against Defendant SOPHIA GAO in tfie amount of $199,895.00 pursuant to Title 18, United States Code, Section 982(a)(1) and Title 28, United States Code, Section 2641(c), representing the property involved in, or traceable to, the offense which Defendant personally received from the offense of conviction set forth in the Information, which forfeiture money judgment is in favor of the United States against Defendant SOPHIA GAO, with interest to accrue thereon in accordance with 18 U.S.C. § 3612(f) and 28 U.S.C. § 1961; and
2. This Court shall retain jurisdiction in the case for the purpose of enforcing the order of forfeiture money judgment and collecting and enforcing it; and
3. Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final as to the Defendant at the time of sentencing and is part of the sentence and included in the judgment; and
4. Pursuant to Rule 32.2(b)(3) the United States may, at any time, conduct discovery to identify, locate, or dispose of directly forfeitable assets and substitute assets against which this Order of Forfeiture may be enforced; and
5. The United States may, at any time, move pursuant to Rule 32.2(e) to amend this Order of Forfeiture to substitute property having a value not to exceed $199,895.00 to satisfy the forfeiture money judgment in whole or in part; and
6. The United States may take any and all actions available to it to collect and enforce the forfeiture money judgment.
7. This order shall be incorporated and included as part of the judgment in this case when Defendant is sentenced.