United States v. Torres

1

UNITED STATES OF AMERICA, Plaintiff, v. ROLAND SAGUN TORRES, Defendant.

No. 2:23-CR-190-GMN-EJY

United States District Court, D. Nevada

November 3, 2023

PRELIMINARY ORDER OF FORFEITURE

GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE

This Court finds Roland Sagun Torres pled guilty to Count One of a One-Count Criminal Information charging him with mail fraud in violation of 18 U.S.C. § 1341. Criminal Information ECF No.__; Change of Plea, ECF No.__; Plea Agreement, ECF No.__ .

This Court finds Roland Sagun Torres agreed to the imposition of the in personam criminal forfeiture money judgment of $712,000 set forth in the Plea Agreement and the Forfeiture Allegation of the Criminal Information. Criminal Information ECF No.; Change of Plea, ECF No.__; Plea Agreement, ECF No __.

This Court finds, under Fed. R. Crim. P. 32.2(b)(1) and (bX2), the United States of America has proven the amount for the personal criminal forfeiture money judgment.

The in personam criminal forfeiture money judgment is (1) property real or personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the commission of 18 U.S.C. § 1341, involving a Federal health care offense as defined in 18 U.S.C. § 24; (2) any property, real or personal, which constitutes or is derived from proceeds traceable to a violation of 18 U.S.C. § 1341, a specified unlawful activity as defined in 18 U.S.C. § 1956(cX7)(F), involving a Federal health care offense as defined in 18 U.S.C. § 24,

2

or a conspiracy to commit such offense; and (3) any property, real or personal, which constitutes or is derived from proceeds traceable to a violation of 18 U.S.C. § 1341, a specified unlawful activity as defined in 18 U.S.C. §§ 1956(cX7XA) and 1961(1)(B), or a conspiracy to commit such offense and is subject to forfeiture under 18 U.S.C. § 982(aX7); 18 U.S.C. § 981(aXlXQ with 28 U.S.C. § 2461(c); and 21 U.S.C. § 853(p).

This Court finds that Roland Sagun Torres shall pay an in personam criminal forfeiture money judgment of $712,000 to the United States of America under Fed. R. Crim. P. 32.2(bXl) and (bX2); 18 U.S.C. § 982(aX7); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); and 21 U.S.C. § 853(p).

This Court finds that on the government's motion, the Court may at any time enter an order of forfeiture or amend an existing order of forfeiture to include subsequently located property or substitute property under Fed. R. Crim. P. 32.2(e) and 32.2(bX2)(C).

The in personam criminal forfeiture money judgment complies with United States v. Lo, 839 F.3d 777 (9th Cir. 2016); Honeycuttv. United States, 581 U.S. 443 (2017); United States V. Thompson, 990 F.3d 680 (9th Cir. 2021); and United States v. Prasad, 18 F.4th 313 (9th Cir. 2021).

THEREFORE IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America recover from Roland Sagun Torres an in personam criminal forfeiture money judgment of...