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United States v. Sarac

United States District Court, D. Nevada

May 17, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
LINDSEY FAY SARAC, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         This Court finds that Defendant Lindsey Fay Sarac pled guilty to Counts One, Two, and Four of a Four-Count Criminal Indictment charging her in Count One with Possession with Intent to Use 5 or More Identification Documents in violation of Title 18, United States Code, Section 1028(a)(3); in Count Two with Possession of 15 or More Counterfeit or Unauthorized Access Devices in violation of Title 18, United States Code, Section 1029(a)(3); and in Count Four with Aggravated Identity Theft in violation of Title 18, United States Code, Section 1028A(a)(1) with 1028A(c)(4). Criminal Indictment, ECF No. 14; Change of Plea, ECF No. ___; Plea Agreement, ECF No. ___.

         This Court finds that Defendant Lindsey Fay Sarac agreed to the forfeiture of the property set forth in the Plea Agreement and the Forfeiture Allegation of the Criminal Indictment. Criminal Indictment, ECF No. 14; Change of Plea, ECF No. ___; Plea Agreement, 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 Allegation of the Criminal Indictment and the offenses to which Defendant Lindsey Fay Sarac pled guilty.

         The following property is (1) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Sections 1028(a)(3), 1028A(a)(1) with 1028A(c)(4), and 1029(a)(3), or a conspiracy to commit such offenses; (2) any property constituting, or derived from, proceeds obtained directly or indirectly, as the result of violations of Title 18, United States Code, Sections 1028(a)(3), 1028A(a)(1) with 1028A(c)(4), and 1029(a)(3), or a conspiracy to violate such offenses; (3) any personal property used or intended to be used to commit violations of Title 18, United States Code, Section 1028(a)(3); and (4) any personal property used or intended to be used to commit violations of Title 18, United States Code, Sections 1029(a)(3) and 1028A(a)(1) with 1028A(c)(4), and is 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)(B); Title 18, United States Code, Section 1028(b)(5), (g), and (h); Title 18, United States Code, Section 1029(c)(1)(C) and (c)(2); and Title 21, United States Code, Section 853(p):

i. any and all fraudulent identification documents including, but not limited to at least:
a) any and all social security cards including, but not limited to at least the following cards (identified by initials of the card holder and last four digits of the social security number):

A.M. / 9592

D.C. / 7862

E.B. / 1882

F.S. / 6021

I.E. / 7982

J.J. / 3837

J.M. / 8407

L.J. / 7562

L.M. / 9702

N.K. / 1232

R.P. / 6703

S.B. / 2298

T.M. / 9775

X.B. / 7924

b) any and all driver's licenses or identification cards including, but not limited to at least:
1. Nevada driver's licenses and identification cards in the names of A.T., C.B., C.J, CO., C.V, D.F., D.M., E.K., E.V., G.P., G.W, I.C., J.B., K.H., K.K., L.M., L.S., M.D., M.P., M.S., N.M., R.D., R.P., R.S, S.M., and T.W.;
2. California driver's licenses and identification cards in the names of C.B, M.P, O.C, S.S.;
3. Nevada Medicaid cards in the name of A.M, B.J, D.C, J.D, J.J, K.J, L.J, R.P, R.V, and S.B.;
4. Hong Kong identification card in the name of N.N.; and
5. United States passports in the names of J.F. ...

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