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United States v. Folad

United States District Court, M.D. Tennessee, Nashville Division

April 19, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
CHRIS SUHAIL FOLAD and KHALED NABIL ABDEL FATTAH, Defendants.

          ORDER OF FORFEITURE CONSISTING OF $616, 246.00 UNITED STATES CURRENCY MONEY JUDGMENTS AS TO COUNTS ONE THROUGH THIRTY-ONE

          Aleta A. Trauger United States District Judge

         Based on the representations of the United States and the convictions of Defendants Chris Suhail Folad and Khaled Nabil Abdel Fattah at the jury trial in this matter, the Court finds as follows:

         WHEREAS, on October 22, 2014, the United States filed a Thirty-One count Indictment charging Defendants Chris Suhail Folad and Khaled Nabil Abdel Fattah at Count One with violations of 18 U.S.C. § 371 (conspiracy to commit wire fraud and computer access fraud), at Counts Two through Twenty with violations of 18 U.S.C. § 1030(a)(4) (computer access fraud) and at Counts Twenty-One through Thirty-One with violations of 18 U.S.C. § 1343 (wire fraud);

         WHEREAS, the Forfeiture Allegation of the Indictment gave notice pursuant to 18 U.S.C. § 982(a)(2)(B), that upon conviction of the conspiracy and computer access fraud offenses alleged in Counts One through Twenty, the wire fraud offenses alleged in Counts Twenty-One through Thirty-One, Defendants, jointly and severally, shall forfeit any property constituting or derived from proceeds traceable to each violation, and if said proceeds were unavailable, then a money judgment of at least $400, 000 United States currency would enter, representing said property.

         WHEREAS, the Forfeiture Allegation of the Indictment also gave notice to Defendants that, as a result of any act or omission of Defendants Chris Suhail Folad and Khaled Nabil Abdel Fattah:

a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third party;
c. has been placed beyond the jurisdiction of the court;
d. has been substantially diminished in value; or
e. has been commingled with other property that cannot be divided without difficulty,
the United States shall be entitled to forfeiture of substitute property, and it is the intent of the United States, pursuant to 21 U.S.C. § 853(p), to seek forfeiture of any other property of Defendants up to the value of said property listed above as subject to forfeiture;

         WHEREAS, Defendants were convicted by a jury of Counts One through Thirty-One of the Indictment;

         WHEREAS, $616, 246.00 United States currency is subject to forfeiture because these funds were obtained directly or indirectly as a result of the conspiracy as charged in Count One, the computer access fraud as charged in Counts Two through Twenty and the wire fraud as charged in Counts Twenty-One through Thirty-One of the Indictment, and which constitutes or is derived from proceeds traceable to each violation; and

         WHEREAS, as a result of any acts or omissions, the proceeds obtained as a result of the conspiracy or scheme or artifice to defraud as alleged in Counts One through Thirty-One of the Indictment, either cannot be located upon the exercise of due diligence; have been transferred or sold to, or deposited with, a third party; have been placed beyond the jurisdiction of the court; have been substantially diminished in value; or have been commingled with other property that cannot be divided ...


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