United States District Court, D. South Carolina, Florence Division
MARK McLAWHORN Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
HOWE HENDRICKS UNITED STATES DISTRICT JUDGE.
ORDER OF FORFEITURE AS TO JACQUELIN SAINVIL
matter is before the court on the motion of the United States
for a Preliminary Order of Forfeiture as to Defendant
Jacquelin Sainvil (“Sainvil”,
“Defendant”), based upon the following:
March 15, 2016, an Indictment was filed charging Sainvil
Count 1: Conspiracy to defraud the United States Treasury, in
violation of 18 U.S.C. § 371;
Counts 1 and 2: Theft of Government Property, in violation of
18 U.S.C. § § 641 and 2;
Count 3: Money laundering, in violation of 18 U.S.C. §
1956(a)(1)(B)(i) and (h).
Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment
contained a forfeiture allegation providing that upon
Defendant Sainvil's conviction, certain properties
enumerated therein, or equivalent substitute assets, would be
subject to forfeiture to the United States. As specified
therein, such assets include, but are not limited to the
A. Proceeds/ Money Judgment:
A sum of money equal to all property the Defendants obtained
directly or indirectly as the result of the offenses charged
in this Indictment, or traceable to such property, that is, a
minimum of $190, 000.00 in United States currency and/or a
sum of money equal to all property involved in the money
laundering offense charged in Count 3 of this Indictment, and
all interest and proceeds traceable thereto, for which the
Defendants are jointly and severally liable.
January 24, 2017, an Information (“Information”)
was filed charging Sainvil with conducting an unlicensed
money transmitting business, in violation of 18 U.S.C.
§§ 1960(a) and (b)(1)(C); 3. On January 24, 2017,
Sainvil signed a written plea agreement and pled guilty to
conducting an unlicensed money transmitting business. Per the
written plea agreement, Sainvil agreed to the entry of a
forfeiture money judgment. The United States is pursuing a
money judgment in the amount of $239, 649.32.
Based upon Defendant's guilty plea, the court has
determined that the money judgment described above is subject
to forfeiture, pursuant to 18 U.S.C. § 982(a)(1) and 28
U.S.C. § 2461.
court has determined that the government has established the
requisite nexus between the money judgment and the offense
for which Sainvil has been convicted; therefore, the United
States is entitled to a preliminary order of forfeiture,