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United States v. Stencil

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

June 7, 2019

UNITED STATES OF AMERICA
v.
(1) ROBERT LESLIE STENCIL

          MONEY JUDGMENT AND PRELIMINARY ORDER OF FORFEITURE

          Max O. Cogburn, Jr. United States District Judge.

         THIS MATTER is before the Court on the Government's Motion, [#384] pursuant to Fed. R. Crim. P. 32.2(b) and 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), and 982(a)(8), requesting that the Court enter:

(1) a $463, 221 forfeiture Money Judgment against Defendant; and
(2) a Preliminary Order of Forfeiture for:
• Approximately $304, 881.82 seized from J.P. Morgan Chase Account XXXXX9352, such account held in the name of Niyato Industries, Inc. and with a signature card in the name of Robert L. Stencil;
• Approximately $214.76 seized from J.P. Morgan Chase Account XXXXX6166, such account held in the name of Niyato Industries, Inc. and with a signature card in the name of Robert L. Stencil;
• Approximately $100, 000 seized from an account under the control of attorney Randy M. Fletcher of the Law Firm Manning Fulton, to which Niyato Industries had forwarded fraud proceeds as acknowledged during trial by Fletcher;
• One 2012 Ford LGT conventional F-150, VIN 1FTNF1CFXCKD28495, titled to Niyato Industries, Inc.;
• One 2015 Ford F-350, VIN 1FT8W3B63FEB06250, titled to Niyato Industries, Inc.; and
• Any and all interest in Niyato Industries, Inc.

(collectively, “the Properties”). Based on the preponderance of the evidence as set forth in the trial record, sentencing record, the Motion, and the documents affixed to the Motion, this Court hereby GRANTS the Motion. The Court FINDS AS FOLLOWS:

         I. BACKGROUND

         In October 2017, a Grand Jury returned a Second Superseding Bill of Indictment (Doc. 151; hereafter, “Indictment”) against Defendant Stencil and others, charging them with the following offenses:

• Mail and Wire fraud conspiracy in violation of 18 U.S.C. § 1349 as set forth in Count One;
• Substantive mail fraud in violation of 18 U.S.C. § 1341 as set forth in Counts Two through Fifteen;
• Substantive wire fraud in violation of 18 U.S.C. § 1343 as set forth in Counts Sixteen through Twenty-Nine; and
• Money laundering in violation of 18 U.S.C. § 1957(a), as set forth in Counts Thirty through Thirty-Four.

         The Indictment alleged multi-million dollar criminal conduct spanning from in or about January 2012 through in or about August 2016. The Indictment also contained a Grand Jury finding of probable cause for forfeiture of a money judgment in the amount of ...


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