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United States v. Davalos

United States District Court, S.D. California

September 16, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SAMUEL DAVALOS, JR., Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          LARRY ALAN BURNS CHIEF UNITED STATES DISTRICT JUDGE

         WHEREAS, in the Superseding Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in property of Defendant SAMUEL DAVALOS, JR. (“Defendant”), pursuant to 18 U.S.C. § 982 (a)(2) and (b), as proceeds of the violation of 18 U.S.C. § 1344 as charged in the Superseding Information; and

         WHEREAS, on or about July 31, 2019, Defendant pled guilty before U.S. Magistrate Judge Barry M. Kurren to Count 1 of the Superseding Information, which plea included consent to the forfeiture allegations of the Superseding Information, including an agreement to forfeit to the United States $117, 305.00 as the amount of proceeds Defendant received from the offense, in addition to all monies, funds, and credits held in or attributable to certain Point Loma Credit Union (“PLCU”) accounts. These accounts, and the monies that were seized from them, are as follows:

1.

1061207-01

$23, 007.02

2.

1061207-80

112.24

Total:

$23, 119.26; and

         WHEREAS, on September 4, 2019 this Court accepted the guilty plea of Defendant; and

         WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the United States has established the requisite nexus between the forfeitable currencies and the offense; and

         WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of the forfeitable currencies, pursuant to 18 U.S.C. § 982 (a)(2) and (b) and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and

         WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the currencies which were found forfeitable by the Court; and

         WHEREAS, by virtue of the admissions of the Defendant set out in the plea agreement and guilty plea, the Court hereby determines that $117, 305.00 and the monies in the PLCU bank accounts represent proceeds defendant obtained directly or indirectly as a result of the violation of 18 U.S.C. §§ 1344, Bank Fraud, as charged in the Superseding Information; and

         WHEREAS, by virtue of said guilty plea and the Court's findings, the United States is now entitled to an Order of Forfeiture in its favor against the Defendant for the proceeds received by the Defendant in the amount of $117, 305.00 and all monies in the PLCU bank accounts, pursuant to 18 U.S.C. § 982 (a)(2) and (b) and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and

         WHEREAS, the Defendant has agreed that the provisions for the substitution of assets as provided in 21 U.S.C, § 853(p) exist and has agreed the United States may take actions to collect the forfeiture; and

         WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;

         Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

         1. Based upon the guilty plea of the Defendant, the United States is hereby authorized to take custody and control of the following currencies, and all right, title and interest of Defendant SAMUEL DAVALOS, JR. in all monies, funds, and credits held in or attributable to certain Point Loma Credit Union (“PLCU”) accounts and the same are forfeited to the United States for disposition in accordance with the law, ...


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