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United States v. Barnes

United States District Court, W.D. North Carolina, Charlotte Division

April 25, 2017

UNITED STATES OF AMERICA
v.
TROY BARNES

          JILL WESTMORELAND ROSE UNITED STATES ATTORNEY

          TROY BARNES Defendant

          Benjamin Bain-Creed Assistant United States Attorney

          CICILIA OSEGUERA, ESQ. Attorney for Defendant

          CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2)

         BASED UPON the Defendant's plea of guilty, the Factual Basis, and the record, 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. § 981(a)(1)(C), 21 U.S.C. § 853 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:

• Approximately $1, 770, 463.93 in funds seized from Citizens Bank Account XXXXXXXXXXX1245, such account in the name of Work with Troy Barnes, Inc. and used to receive funds during the course of the offense;
• Approximately $751, 005.89 in funds seized from TD Bank Account XXX-XXX8105, such account in the name of Binary Wallet and used to receive funds during the course of the offense;
• Approximately $25 in possession of 1st Bank as a result of the restraint of accounts held by or for the benefit of Achieve International, LLC and Work With Troy Barnes, Inc.;
• Approximately $10, 241.59 in possession of Paypal as a result of the restraint of an account in the name of troysbcteam@gmail.com;
• Approximately $240.88 in possession of NetSpend as a result of restraint of Troy Barnes Account 5307355434; and
• A forfeiture money judgment in the amount of $3, 427, 937, such amount constituting the proceeds of offenses set forth in the Bill of Information. However, the outstanding money judgment amount shall be reduced by the sum of any amount of specific assets later deemed finally forfeited in this action and any amount of specific assets dismissed from this order and paid directly to victims as identified herein.

         2. The United States Secret Service ("USSS"), Treasury Executive Office of Asset Forfeiture ("TEOAF"), and/or the agency contractor is authorized to take possession and maintain custody of the above specific asset(s), pending release of the specific assets from restraint in SEC v. Johnson.

         3. The United States and Defendant agree that, at the United States' discretion, upon issuance of a restitution order to victims with quantifiable losses in this criminal case or the related criminal case of United States v. Kristine Johnson (WDNC Case 3:15crl58), the United States may (1) request that this Court dismiss from this forfeiture order specific assets in a quantity sufficient to satisfy the restitution ordered by this Court and (2) request that this Court issue process sufficient to ensure transfer of the dismissed specific assets directly from USSS or TEAOF to victims, to the Clerk of Court to pay victims, or to another appropriate payment processor or entity employed to pay victims. In the event that some, but ...


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