Opinion
CR22-059-RSM
07-03-2023
UNITED STATES OF AMERICA, Plaintiff, v. ERIK A. READ, Defendant.
JEHIEL I. BAER, Assistant United States Attorney
JEHIEL I. BAER, Assistant United States Attorney
ORDER OF FORFEITURE
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court on the United States' Motion for Order of Forfeiture (“Motion”) seeking to forfeit, to the United States, Defendant Erik A. Read's interest in a sum of money (also known as a forfeiture money judgment) in the amount of $199,116.90, reflecting proceeds Defendant Read obtained from his commission of Wire Fraud, in violation of 18 U.S.C. § 1343.
The Court, having reviewed the United States' Motion, as well as the other papers and pleadings filed in this matter, hereby FINDS entry of an Order of Forfeiture is appropriate because:
• The proceeds of Wire Fraud, in violation of 18 U.S.C. § 1343, are forfeitable pursuant to 18 U.S.C. § 981(a)(1)(C), by way of 28 U.S.C. § 2461(c);
• In the Plea Agreement he entered on March 22, 2023, Defendant agreed to forfeit his interest in the above-identified sum of money pursuant to
18 U.S.C. § 981(a)(1)(C), by way of 28 U.S.C. § 2461(c), as it reflects proceeds he personally obtained from his commission of the wire-fraud scheme to which he entered a guilty plea (Dkt. No. 30, ¶ 13); and,
• The forfeiture of this sum of money is separate and distinct from the restitution ordered in this case.
• The forfeiture of this sum of money is personal to Defendant Read and, pursuant to Federal Rule of Criminal Procedure (“Fed. R. Crim. P.”) 32.2(c)(1), no third-party ancillary process is required before forfeiting it.
NOW, THEREFORE, THE COURT ORDERS:
1. Pursuant to 18 U.S.C. § 982(a)(2) and his Plea Agreement, Defendant Read's interest in a sum of money in the amount of $199,116.90 is fully and finally forfeited, in its entirety, to the United States;
2. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A)-(B), this Order will become final as to Defendant Read at the time he is sentenced; it will be made part of the sentence; and, it will be included in the judgment;
3. No right, title, or interest in the identified sum of money exists in any party other than the United States;
4. Pursuant to Fed. R. Crim. P. 32.2(e), in order to satisfy this Order forfeiting the sum of money, in whole or in part, the United States may move to amend this Order, at any time, to include substitute property having a value not to exceed $199,116.90; and,
5. The Court will retain jurisdiction in this case for the purpose of enforcing this Order, as necessary.
IT IS SO ORDERED.