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United States v. Riddiough

United States District Court, D. Nevada

May 16, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
LORRAINE RIDDIOUGH, a.k.a. Lorraine Ann Mader, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Lorraine Riddiough, a.k.a. Lorraine Ann Mader, pled guilty to the following:

         As to the Criminal Indictment in United States of America v. Jason Demko et al, No. 2:15-cr-00018-APG-VCF (Demko), Counts One, Two, and Five of a Six-Count Criminal Indictment charging her in Count One with Conspiracy to Commit Mail Fraud and Wire Fraud in violation of Title 18, United States Code, Sections 1341, 1343, and 1349 and in Counts Two and Five with Wire Fraud in violation of Title 18, United States Code, Section 1343. Criminal Indictment, ECF No. 26; Change of Plea, ECF No.___;. Plea Agreement, ECF No.___;

         As to the Criminal Information in United States of America v. Lorraine Riddiough, Case 2:l8-cr-00121-APG-VCF (Criminal Information related to United States of America v. Michael Jones etal, No. 2:15-CR-174-KJD-(PAL)) (Jones), Count One of a One-Count Criminal Information charging her with Conspiracy to Commit Mail Fraud and Wire Fraud in violation of Title 18, United States Code, Sections 1341, 1343, and 1349. Criminal Information, ECF No.___; Change of Plea, ECF No.___; Plea Agreement, ECF No.___;

         As to the Criminal Information in United States of America v. Lorraine Riddiough, No. 2:18-cr-00122-APG-VCF (Criminal Information related to United States of America v. Charlene Scott, No. 2:15-CR-193-KJD-PAL) (Scott), Count One of a One-Count Criminal Information charging her with Conspiracy to Commit Mail Fraud and Wire Fraud in violation of Title 18, United States Code, Sections 1341, 1343, and 1349. Criminal Information, ECF No.___; Change of Plea, ECF No.___; Plea Agreement, ECF No.___; and

         As to the Criminal Information in United States of America v. Lorraine Riddiough, No. 2:18-cr-00123-APG-VCF (Riddiough), Counts One through Three of a Three-Count Criminal Information charging her in Count One with Conspiracy to Commit Mail Fraud and Wire Fraud in violation of Title 18, United States Code, Sections 1341, 1343, and 1349; in Count Two with Health Care Fraud in violation of Title 18, United States Code, Section 1347; and in Count Three with Theft of Government Property in violation of Title 18, United States Code, Section 641. Criminal Information, ECF No.___; Change of Plea, ECF No.____; Plea Agreement, ECF No.___.

         This Court finds defendant Lorraine Riddiough, a.k.a. Lorraine Ann Mader, 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 (Demko, 2:15-cr-00018), the Criminal Information (Jones, 2:18-cr-00121), the Criminal Information (Scott, 2:18-cr-00122), and the Criminal Information (Riddiough, 2:18-cr-00123). Criminal Indictment (Demko, 2:15-cr-00018), ECF No.___ 26; Change of Plea (Demko, 2:15-cr-00018), ECF No.___; Plea Agreement (Demko, 2:15-cr-00018), ECF No.___; Criminal Information (Jones, 2:]8-cr-00121), ECF No.___; Change of Plea (Jones, 2:18-cr-00121), ECF No.___; Plea Agreement (Jones, 2:18-cr-00121), ECF No.___; Criminal Information (Scott, 2:18-cr-00122), ECF No.___; Change of Plea (Scott, 2:18-cr-00122), ECF No.___; Plea Agreement (Scott, 2:18-cr-00122), ECF No.; Criminal Information (Riddiough, 2:18-cr-00123), ECFNo.____; Change of Plea (Riddiough, 2:18-cr-00123), ECF No.____; Plea Agreement (Riddiough, 2:18-cr-00123), ECF No.___ .

         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 (Demko, 2:15-cr-00018), the Criminal Information (Jones, 2:18-cr-00121), the Criminal Information (Scott, 2:18-cr-00122), and the Criminal Information (Riddiough) and the offenses to which defendant Lorraine Riddiough, a.k.a. Lorraine Ann Mader, 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, Sections 1341 and 1343, specified unlawful activities as defined in Title 18, United States Code, Sections 1956(c)(7)(A) and l96l(1)(B), or Title 18, United States Code, Section 1349, conspiracy to commit such offenses; (2) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Section 641, a specified unlawful activities as defined in Title 18, United States Code, Section 1956(c)(7)(D), or a conspiracy to commit such offense; (3) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Section 1347, involving a Federal health care offense as defined in Title 18, United States Code, Section 24, a specified unlawful activity as defined in Title 18, United States Code, Section 1956(c)(7)(F), or a conspiracy to commit such offense; (4) property, real or personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the commission of Title 18, United States Code, Section 1347, a Federal health care offense as defined in Title 18, United States Code, Section 24; and (5) any real or personal property constituting, derived from, or traceable to the gross proceeds obtained directly or indirectly as a result of violations of Title 18, United States Code, Sections 1341 and 1343, or of Title 18, United States Code, Section 1349, conspiracy to commit such offenses, 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)(7); Title 18, United States Code, Section 982(a)(8)(B); and Title 21, United States Code, Section 853(p):

         The property listed in the Superseding Indictment (Jones), namely:

1. $50, 018.53; and
2. $8, 252.04

(all of which constitutes property)

         and a total in personam criminal forfeiture money judgment of $453, 145.30, divided among the consolidated indictment and informations as follows:

1. $96, 905 in Demko, not to be held jointly and severally liable with any codefendants, with the total amount collected in ...

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