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United States v. Davis

United States District Court, D. Nevada

November 21, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ROSE MARIE DAVIS, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Rose Marie Davis pled guilty to Counts One, Three, and Five of a Five-Count Criminal Indictment charging her in Count One with Mail Theft in violation of Title 18, United States Code, Section 1708; in Count Three with Using or Trafficking in an Unauthorized Access Device in violation of Title 18, United States Code, Section 1029(a)(2); and in Count 5 with Aggravated Identity Theft in violation of Title 18, United States Code, Section 1028A(a)(1), (c)(4), and (c)(5). Criminal Indictment, ECF No. 1; Change of Plea, ECF No. 21; Plea Agreement, ECF No. 22.

         This Court finds defendant Rose Marie Davis agreed to the forfeiture of the property and the imposition of the in personam criminal forfeiture money judgment set forth in the Plea Agreement and the Forfeiture Allegations of the Criminal Indictment. Criminal Indictment, ECF No. 1; Change of Plea, ECF No. 21; Plea Agreement, ECF No. 22.

         This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2), the United States of America has shown the requisite nexus between property set forth in the Plea Agreement and the Forfeiture Allegations of the Criminal Indictment and the offenses to which defendant Rose Marie Davis pled guilty.

         The following property and money judgment are (1) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Section 1708, a specified unlawful activity as defined in Title 18, United States Code, Section 1956(c)(7)(D), or a conspiracy to commit such offense; (2) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Section 1029(a)(2), or Title 18, United States Code, Section 1028A(a)(1) with (c)(4) and (c)(5), or a conspiracy to commit such offense; (3) any property constituting, or derived from, proceeds obtained directly or indirectly, as the result of violations of Title 18, United States Code, Section 1029(a)(2), or Title 18, United States Code, Section 1028A(a)(1) with (c)(4) and (c)(5), affecting a financial institution, or a conspiracy to violate such offense; (4) any property constituting, or derived from, proceeds obtained directly or indirectly, as the result of violations of Title 18, United States Code, Section 1029(a)(2), or Title 18, United States Code, Section 1028A(a)(1) with (c)(4) and (c)(5), or a conspiracy to violate such offense; and (5) any personal property used or intended to be used to commit the violations of Title 18, United States Code, Section 1029(a)(2) or Title 18, United States Code, Section 1028A(a)(1) with (c)(4) and (c)(5), and are subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(1)(C) with Title 28, United States Code, Section 2461(c); Title 18, United States Code, Section 982(a)(2)(A); Title 18, United States Code, Section 982(a)(2)(B); Title 18, United States Code, Section 1029(c)(1)(C) and (c)(2); and Title 21, United States Code, Section 853(p):

1. the bank debit card of M.F.;
2. the bank debit card of B.R.; and
3. any and all fraudulent access devices including, but not limited to, at least credit cards, debit cards, checks, and account numbers

(all of which constitutes property)

         and an in personam criminal forfeiture money judgment of $32, 163.85, and that the property will not be applied toward the payment of the money judgment.

         This Court finds the United States of America is now entitled to, and should, reduce the aforementioned property to the possession of the United States of America.

         NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America should seize the aforementioned property.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States recover from Rose Marie Davis an in personam criminal forfeiture money judgment of $32, 163.85.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all right, title, and interest of Rose Marie Davis in the aforementioned property is forfeited and is vested in the United States of America and shall be safely held by the United States of America until further order of the Court.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States of America shall publish for at least thirty (30) consecutive days on the official internet government forfeiture website, www.forfeiture.gov, notice of this Order, which shall describe the forfeited property, state the time under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the government attorney to ...


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