USA v. Walters, et al

OCR transcription for search; preserved printed pages are authoritative

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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-10014-012
)
MICHAEL CUMMINGS )
a/k/a “*Main” )

PRELIMINARY ORDER OF FORFEITURE

On March 8, 2023, a Grand Jury sitting in the Western District of Arkansas returned a
Superseding Indictment charging the Defendant, MICHAEL CUMMINGS, with one count of
conspiring to distribute, and to possess with intent to distribute, methamphetamine, a Schedule II
controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C).

The Superseding Indictment also contains a Notice of Intent to Seek Criminal Forfeiture
(hereinafter the “Forfeiture Allegation’). In the Forfeiture Allegation, the United States seeks
forfeiture, pursuant to 21 U.S.C. § 853, of all property involved in the offense, or that is traceable
to property involved in the offense, including any proceeds obtained directly or indirectly from the
offense. Inthe event that, by any act or omission of the Defendant, forfeitabie property cannot be
located despite due diligence, has been transferred, sold or deposited with a third party, has been
placed beyond the jurisdiction of the Court, has substantially diminished in value, or has been
commingled with other property that cannot be subdivided without difficulty, the United States
also seeks forfeiture of substitute property, pursuant to 21 U.S.C. § 853(p) and 28 U.S.C. § 2461 (c).

On October 16, 2024, the Defendant entered a plea of guilty to Count One of the
Superseding Indictment. In a written plea agreement signed by the parties on July 26, 2024
(hereinafter the “Plea Agreement”), the Defendant agrees to forfeit any and all right, title and/or

interest he has to or in the following property, which he further agrees is subject to forfeiture as

Preliminary Order of Forfeiture — U.S. v. Cummings (1:22-CR-10014-12)— Page | of 4

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION
GPO

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substitute assets pursuant to 21 U.S.C. § 853(a){1) and (p), and 28 U.S.C. § 2461 (c) (hereinafter
the “Property”):

a. a forfeiture money judgment in the amount of $100,000.00, in place of proceeds the
Defendant obtained directly or indirectly as the result of committing the offense
described in Count One of the Superseding Indictment in this matter.

The Defendant also acknowledges in the Plea Agreement that the Property is subject to forfeiture
as proceeds of illegal conduct, and/or as substitute assets for property otherwise subject to
forfeiture.

In the Plea Agreement, the Defendant consents to the immediate entry of this Preliminary
Order of Forfeiture, following the entry of his guilty plea to Count One. The Defendant further
agrees that, upon entry of this Preliminary Order of Forfeiture, such Order will be considered final
as to Defendant’s interest(s) in the Property. The Defendant also agrees to immediately withdraw
any claim(s) to the Property in any pending administrative and civil forfeiture proceeding, and
consents to the forfeiture of the Property to the United States. The Defendant additionally agrees
to execute any and all documents requested by the Government to facilitate and complete the
forfeiture process as to the Property. The Defendant also agrees not to contest, or to assist any
other person or entity in contesting, the forfeiture of 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
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
further 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.

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Pursuant to the Plea Agreement, the Defendant also 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 Defendant’s plea of guilty to Count One of the Superseding
Indictment and the terms of the parties’ written Plea Agreement, the following assets shall be
forfeited to the United States as proceeds of illegal conduct (i.e. property involved in or traceable
to property involved in the offense described in Count One, including proceeds obtained directly
or indirectly from that offense) and/or as substitute assets for property otherwise subject to
forfeiture:

a. a forfeiture money judgment in the amount of $100,000.00, in place of proceeds
the Defendant obtained directly or indirectly as the result of committing the offense
described in Count One of the Superseding Indictment in this matter.

2. 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 or asset 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 properties and/or assets; and to commence any proceeding(s)
required to comply with applicable statute(s) governing third-party rights, including giving notice

of this Order.

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IT IS SO ORDERED this 16" day of October 2024.

HON. SUSAN O. HICKEY
CHIEF UNITED STATES DISTRICT JUDGE

Reviewed and consented to by:

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