United States District Court, W.D. North Carolina, Charlotte Division
MONEY JUDGMENT AND PRELIMINARY ORDER OF
Cogburn, Jr. United States District Judge.
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;
(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:
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
• 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
• Money laundering in violation of 18 U.S.C. §
1957(a), as set forth in Counts Thirty through Thirty-Four.
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 ...