Filed: Oct. 16, 2019
Latest Update: Oct. 16, 2019
Summary: AGREED PRELIMINARY ORDER OF FORFEITURE KEITH STARRETT , District Judge . PURSUANT to a separate Plea Agreement between FREDA CAL COVINGTON, by and with the consent of her attorney, and the UNITED STATES OF AMERICA (hereinafter "the Government"), FREDA CAL COVINGTON agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows: 1. The defendant is fully aware of the consequences of having agreed to forfe
Summary: AGREED PRELIMINARY ORDER OF FORFEITURE KEITH STARRETT , District Judge . PURSUANT to a separate Plea Agreement between FREDA CAL COVINGTON, by and with the consent of her attorney, and the UNITED STATES OF AMERICA (hereinafter "the Government"), FREDA CAL COVINGTON agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows: 1. The defendant is fully aware of the consequences of having agreed to forfei..
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AGREED PRELIMINARY ORDER OF FORFEITURE
KEITH STARRETT, District Judge.
PURSUANT to a separate Plea Agreement between FREDA CAL COVINGTON, by and with the consent of her attorney, and the UNITED STATES OF AMERICA (hereinafter "the Government"), FREDA CAL COVINGTON agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows:
1. The defendant is fully aware of the consequences of having agreed to forfeit to the Government her interests in and to the hereinafter described property, having been apprised of such by her attorney and by this Court; and she has freely and voluntarily, with knowledge of the consequences, entered into a Plea Agreement with the Government to forfeit such property.
2. The defendant agrees, the $107,500 Money Judgment, constitutes or was derived from proceeds that the defendant obtained, directly or indirectly, as a result of the offense charged in the Indictment and/or was used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the offense charged in the Indictment and/or was involved in the offense charged in the Indictment. Such property is, therefore, subject to forfeiture pursuant to Title 18, United States Code, Section 982(a)(7), Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c).
3. The defendant has been apprised that Rule 32.2 of the Federal Rules of Criminal Procedure, and Title 18, United States Code, Section 982 require the Court to order the forfeiture of the $107,500 Money Judgment, at, and as a part of, the sentencing proceeding. The defendant does hereby waive such requirement and the requirement that the forfeiture be made a part of the sentence as ordered by the Court in the document entitled, "Judgment in a Criminal Case." The defendant and her attorney further authorize the Court to enter this order immediately, and agree that the forfeiture ordered hereunder will be a part of the sentence of the Court whether ordered at that proceeding or not and whether or not attached as a part of the said Judgment in the Criminal Case.
IT IS, THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:
a. That the defendant shall forfeit to the United States a Money Judgment in the amount of $107,500.
b. The Court has determined, based on the defendant's plea agreement, that the following property is subject to forfeiture pursuant to Title 18, United States Code, Section 982(a)(7), Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c), that the defendant had an interest in such property and that the government has established the requisite nexus between such property and such offenses:
$107,500 Money Judgment
c. That any ancillary hearing is hereby dispensed with as the forfeiture provides for a money judgment. Pursuant to Fed. R. Crim. P. 32.2(b)(4), this Agreed Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing [or before sentencing if the defendant consents] and shall be made part of the sentence and included in the judgment, and that this order shall be enrolled in all appropriate Judgment Rolls.
The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e).
SO ORDERED AND ADJUDGED.
