USA v. Cook

OCR transcription for search; preserved printed pages are authoritative

Case 1:23-cr-10001-SOH Document38 Filed 09/10/24 Page 1 of 4 PagelD #:
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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS

EL DORADO DIVISION
UNITED S'TATES OF AMERICA )
v. CRIMINAL NO. 1:23-CR-10001
JONATHON COOK

PRELIMINARY ORDER OF FORFEITURE
On January 11, 2023, a Grand Jury sitting in the Western District of Arkansas returned an
Indictment against the Defendant, JONATHON COOK, charging him with one count of
Transportation of Child Pornography, in violation of Title 18 U.S.C. § 2252A(a)(1) and (b)(1);
one count of Possession of Child Pornography, in violation of Title 18 U.S.C. § 2252A(a)(5)(B)
and (b)(2); and a forfeiture allegation.
In the forfeiture allegation of the Indictment, the United States seeks forfeiture, pursuant
to Title 18 U.S.C. § 2253(b), incorporating by reference Title 21 U.S.C, § 853, of:
1. Any visual depiction described in 18 United States Code §§ 2251,
2251A, or 2252, 2252A, 2252B, or 2260, or any book, magazine,
periodical, film, videotape, or other matter, which contains any such
visual depiction, which was produced, transported, mailed, shipped or

received in violation of the offenses in the Indictment;

2. Any property, real or personal, consisting or traceable to gross profits
or other proceeds obtained from the offenses in the Indictment; and

3. Any property, real or personal, including any and all computer
equipment or cellular device, used or intended to be used to commit or
to promote the commission of the offenses in the Indictment, or any
property traceable to such property, including, but not limited to

computer equipment used in the commission of the offenses in the
Indictment.

On September 10, 2024, the Defendant pleaded guilty to Count One of the Indictment.

Pursuant to a Plea Agreement entered into by the parties, the Defendant agrees to forfeit all rights,

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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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title and interest to;

A. Galaxy S7 cell phone, Model SM-G930A, IMEI: 352326081608716

B. Samsung cell phone, SM-G715U1, S/N: RS58TSOCR2RL

C. Motorola cell phone, Model XT2052-2PP, IMEI: 351640112910185

D. Susan cell phone, Mode] M5, IMEI: 358205501683422

E. Acer laptop, Model Q1VZC, S/N: NUSH7AA02434406B9F 1601

F, EVOO laptop, Model EV-C-116-1, S/N: EV-C-116-1-SL18109123V2

G. HP laptop, Model 17-f215dx, S/N: SCDS1162K9

The Defendant acknowledges that all property covered by the Plea Agreement 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 upon entry of the 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 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. The Defendant further agrees not to
contest or to assist any other person or entity in contesting the forfeiture of the property seized in
connection with this case.

Pursuant to the Plea Agreement, the Defendant agrees to consent to the entry of Orders of
Forfeiture for such property and waives the requirements of Federal Rules of Criminal Procedure

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

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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 them of this, pursuant to Rule
11(6)(1)Q), at the time the guilty plea is accepted.

Pursuant to the Plea Agreement, the Defendant further agrees to waive all constitutional
and statutory challenges in any manner (including direct appeal, habeas corpus, or any other
means) to any forfeiture carricd 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 them,
notwithstanding the abatement of any underlying criminal conviction after the execution of this
agreement.

Accordingly, it is hereby ORDERED, DECREED AND ADJUDGED:

That based upon the guilty plea of the Defendant, the following assets shall be forfeited to the

United States:

Galaxy $7 cell phone, Model SM-G930A, IMEI: 35232608 1608716
Samsung cell phone, SM-G715U1, S/N: RS8T50CR2RL

Motorola cell phone, Model XT2052-2PP, IMEI: 351640112910185
Susan cell phone, Modcl M5, IMEI: 358205501683422

Acer laptop, Model Q1VZC, S/N: NUSH7A4A02434406B9F 1601

EVOO laptop, Mode] EV-C-116-1, S/N: EV-C-116-1-SL18109123V2

Q = BF Go Oo BD ,}

HP laptop, Model 17-f215dx, S/N: 5CD51162K9

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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.

H, Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States
is authorized to seize any specific properly 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.

I. 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,

J. The United States shall publish notice of this order pursuant to Fed. R. Crim. P.
32.2(b)(6).

K. That upon adjudication of all third-party inierests, 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.

ITIS SO ORDERED this | 0*" day of September, 2024.

Recta) <Q.AL Sree

HONORABLE SUSAN O. HICKEY
CHIEF UNITED STATES DISTRICT JUDGE

Reviewed and consented to by:

hich. Lod Jahr Dlr

{%6nathon Cook, Defendant TylewWilliams, Assistant US Attorney

ay LJ iy

Jessica Yarbrough, Counsel forDefendant
Alex Wynn, Page 4 of 4