USA v. Johnson et al

OCR transcription for search; preserved printed pages are authoritative

FILED
CHARLOTTE, NC

AUG 09 2024

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US DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT “VESTERN DISTRICT OF NC
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO.: 3:24-cr-00044

UNITED STATES OF AMERICA, )
) CONSENT ORDER AND
v. ) JUDGMENT OF FORFEITURE
) PENDING RULE 32.2(c)(2)
(2) KIMBERLY MADDOX )

BASED UPON the Defendant’s plea of guilty and finding that there is a nexus between
the property listed below and the offense(s) to which the Defendant has pled guilty and that the
Defendant (or any combination of Defendants in this case) has or had a possessory interest or other
legal interest in the property, IT IS HEREBY ORDERED THAT:

1, The following property is forfeited to the United States pursuant to 18 U.S.C. § 982
and/or 28 U.S.C. § 2461(c), provided, however, that forfeiture of specific assets is subject to any
and all third-party petitions under 21 U.S.C. § 853(n), pending final adjudication herein:

A forfeiture money judgment in the amount of $2,432,238, such amount constituting
the proceeds traceable to and property involved in the offenses to which Defendant
pled guilty. Defendant Stipulates that the Government may satisfy the money
judgment via forfeiture of proceeds of the crime as defined in 18 U.S.C. § 982 and/or
substitute property as defined in 21 U.S.C. § 853(p). For purposes of forfeiture under
Section 853(p), Defendant stipulates that, as a result of acts or omissions of Defendant,
one or more provisions of Section 853(p)(1)(A)-(E) are satisfied.

2, If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C. § 853(n),
and/or other applicable law, the United States shall publish notice and provide direct written notice

of forfeiture.

3, Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States
Attorney’s Office is authorized to conduct any discovery needed to identify, locate, or dispose of
the property, including depositions, interrogatories, and requests for production of documents, and
to issue subpoenas pursuant to Fed. R. Civ. P, 45,

4, A forfeiture money judgment shall be included in the defendant’s sentence, and the
United States may take steps to collect the judgment from any property of the defendant, provided,
the value of any forfeited specific assets shall be credited toward satisfaction of this money
judgment upon liquidation.

The parties stipulate and agree that the aforementioned asset(s) constitute property derived
from or traceable to proceeds of defendant’s crime(s) herein and are therefore subject to forfeiture
pursuant to 18 U.S.C. § 982, and/or 28 U.S.C. § 2461(c), The defendant hereby waives the

U.S. GOVERNMENT
INFORMATION

GPO

re 3:24-cr-00044-MU-SCR_ Document 43. Filed 08/09/24 Page i of 2

requirements of Fed. R, Crim. P. 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 against defendant. If the defendant has previously submitted a claim in response to an
administrative forfeiture proceeding regarding any of this property, defendant hereby withdraws
that claim. If defendant has not previously submitted such a claim, defendant hereby waives all

right to do so.

DENA J. KING
UNITED STATES ATTORNEY
BENJAMIN BAIN-CREED KIMBERLY MADDOX

Assistant United States Attorney

EX?ZABETH F. GREENE, ESQ.
Attorney for Defendant

fd

Signed this the | _!___ day of August, 2024. 7 O

Jie HONORABLE SUSAN C. RODNIGUEZ
Tee STATES MAGISTRATE JUDGE

Case 3:24-cr-00044-MU-SCR Document 43 Filed 08/09/24 Page 2 of 2