Opinion
2:19-CR-300-JCM-EJY
10-16-2023
UNITED STATES OF AMERICA, Plaintiff, v. MOHAMMED HONARI, Defendant.
FINAL ORDER OF FORFEITURE
JAMES C. MAHAN, UNITED STATES DISTRICT JUDGE
This Court found that Mohammed Honari shall pay the in personam criminal forfeiture money judgment of $159,246.15 under Fed. R. Crim. P. 32.2(b)(1) and (b)(2); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. § 982(a)(2)(A); and 21 U.S.C. § 853(p). Criminal Indictment, ECF No. 1; Change of Plea, ECF No. 390; Plea Agreement, ECF No. 391; Preliminary Order of Forfeiture, ECF No. 393.
This Court finds that on the government's motion, the Court may at any time enter an order of forfeiture or amend an existing order of forfeiture to include subsequently located property or substitute property under Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).
The in personam criminal forfeiture money judgment amount of $159,246.15 complies with United States v. Lo, 839 F.3d 777 (9th Cir. 2016); Honeycutt v. United States, 581 U.S. 443 (2017); United States v. Thompson, 990 F.3d 680 (9th Cir. 2021); and United States v. Prasad, 18 F.4th 313 (9th Cir. 2021).
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States recover from Mohammed Honari the in personam criminal forfeiture money judgment of $159,246.15, not to be held jointly and severally liable with any codefendants and the collected money judgment amount between the codefendants is not to exceed $281,034.60 to ensure the government does not collect more than the forfeitable amount based on the forfeiture statutes and Ninth Circuit cases, under Fed. R. Crim. P. 32.2(b)(4)(A) and (b)(4)(B); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. § 982(a)(2)(A); and 21 U.S.C. § 853(p).
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send copies of this Order to all counsel of record and three certified copies to the United States Attorney's Office, Attention Asset Forfeiture Unit.