USA v. Walters, et al

OCR transcription for search; preserved printed pages are authoritative

.» Case 1:22-cr-10014-SOH Document 414 _ ~ Filed 06/12/24 Page 1 of 4 PagelD #:
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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS

EL DORADO DIVISION
UNITED STATES OF AMERICA )
Vv. Case No. 1:22-CR-10014-008
MALAYSIA D. BENJAMIN

PRELIMINARY ORDER OF FORFEITURE

On March 8, 2023, a Grand Jury sitting in the Western District of Arkansas returned a
Superseding Indictment against the Defendant, MALAYSIA D. BENJAMIN, and others. The
Defendant is charged in Counts Twenty-Six, Twenty-Seven, Twenty-Eight, and Twenty-Nine of
the Superseding Indictment, which also includes a forfeiture allegation. Most pertinent to this
Order, Count Twenty-Six of the Superseding Indictment alleges that the Defendant, along with co-
defendant Christopher Walters, a/k/a “Mumley”, a/k/a “Unk”, knowingly and intentionally
possessed a controlled substance, namely, cocaine, a Schedule II controlled substance, with intent
to distribute that controlled substance, in violation of Title 21, United States Code, Sections
841(a)(1) and 841(b}(1)(C).

In the forfeiture allegation of the Superseding Indictment, the United States seeks forfeiture
of any property constituting or derived from any proceeds obtained directly or indirectly as the
result of the offenses, and any property used or intended to be used in any manner or part to
commit, or facilitate the commission of, the offenses, pursuant to Title 18 U.S.C. § 924(d), Title
28 U.S.C. § 2461(c), and Title 21 U.S.C. § 853, as applicable, including the following property
seized from the Defendant on August 10, 2022, in Magnolia, Arkansas (hereinafter collectively
the “Property”):

l. $10,230.99 in United States currency;

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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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2. a Taurus model PT 111 Pro 9mm semi-automatic pistol, bearing serial number
TAT72826;
3. a firearm magazine containing unspent cartridges (ammunition); and
4, multiple unspent .45 caliber and .230 caliber cartridges.

On June 12, 2024, the Defendant pleaded guilty to Count Twenty-Six of the Superseding
Indictment, charging her with possessing cocaine, a Schedule II controlled substance, with intent
to distribute, as described above. Pursuant to the parties’ written Plea Agreement, the Defendant
has agreed to forfeit any and all right, title, and/or interest she may have to or in the above-
described Property.

The Defendant acknowledges that the Property is subject to forfeiture as property
facilitating illegal conduct, or property involved in illegal conduct giving rise to forfeiture, or as
substitute assets for property otherwise subject to forfeiture.

Pursuant to the Plea Agreement, the Defendant consents to the immediate entry of a
Preliminary Order of Forfeiture as to the Property, upon entry of her guilty plea. The Defendant
further agrees that upon entry of the Preliminary Order of Forfeiture, such Order will be considered
final as to Defendant’s interests in the Property. The Defendant agrees to immediately withdraw
any claims to property(ies) seized in connection with this case in any pending administrative and
civil forfeiture proceeding, and consents to the forfeiture of all properties seized in connection with
this case to the United States. The Defendant agrees to execute any and all documents requested
by the Government to facilitate or complete the forfeiture process(es.) The Defendant further
agrees not to contest or to assist any other person or entity in contesting the forfeiture of the
property(ies) seized in connection with this case, including the Property.

Pursuant to the Plea Agreement, the Defendant agrees to consent to the entry of Orders of

Forfeiture as to the Property, and waives the requirements of Federal Rules of Criminal Procedure

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32.2 and 43(a) regarding notice of the forfeiture in the charging instrument, announcement of the

forfeiture at sentencing, and incorporation of the forfeiture in the judgment. The Defendant

acknowledges that he understands that the forfeiture of assets is part of the sentence that may be

imposed in this case and waives any failure by the court to advise him of this, pursuant to Rule

11(b)(1)(J), at the time his guilty plea is accepted.

Also under the Plea Agreement, the Defendant agrees to waive all constitutional and
statutory challenges in any manner (including direct appeal, habeas corpus, or any other means) to
any forfeiture carried out in accordance with the Plea Agreement on any grounds, including that
the forfeiture constitutes an excessive fine or punishment. The Defendant agrees to take all steps
as requested by the United States to pass clear title to forfeitable assets to the United States, and to
testify truthfully in any judicial forfeiture proceeding. The Defendant also agrees that the
forfeiture provisions of the Plea Agreement are intended to, and will, survive him, notwithstanding
the abatement of any underlying criminal conviction after the execution of this agreement.

Accordingly, it is hereby ORDERED, DECREED AND ADJUDGED:

1. That, based upon the guilty plea of the Defendant, the following assets seized from

the Defendant on August 10, 2022, shall be forfeited to the United States:

i. $10,230.99 in United States currency;

ii. a Taurus model PT 11] Pro 9mm semi-automatic pistol, bearing serial
number TAT72826;

ili. a firearm magazine containing unspent cartridges (ammunition); and

iv. multiple unspent .45 caliber and .230 caliber cartridges.

as property facilitating illegal conduct, or property involved in illegal conduct giving rise to

forfeiture, or as substitute assets for property otherwise subject to forfeiture.

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2. That, pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this Order the United
States is authorized to seize any specific property that is subject to forfeiture as set forth herein in
this Order and the Plea Agreement, to conduct any discovery the Court considers proper in
identifying, locating or disposing of the Property; and to commence proceedings that comply with
any Statutes governing third-party rights.

3. That, upon entry of this Order, the United States is authorized to commence any
applicable proceeding to comply with statutes governing third party rights, including giving notice
of this Order.

4, That the United States shall publish notice of this Order pursuant to Fed. R. Crim.
P. 32.2(b)(6).

5. That, upon adjudication of any and all third-party interests, this Court will enter a
Final Order of Forfeiture pursuant to Federal Rule of Criminal Procedure 32.2(c), in which all
interests will be addressed.

MAR
IT IS SO ORDERED this 2 day of June, 2024.

Ss _0. sa

HON. SUSAN O. HICKEY
CHIEF UNITED STATES DISTRICT JUDGE

Reviewed and consented to by:

Nulgpe Bm Lith

Malaysia D. Benjamin, Defendant Cory Floyd, Counsel er Defendant

Graham Jones, Assistant US. Attorney

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