Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Sainvil

United States District Court, D. South Carolina, Florence Division

June 30, 2017

UNITED STATES OF AMERICA
v.
JACQUELIN SAINVIL

          AFPD MARK McLAWHORN Defendant's Attorney

          JUDGMENT IN A CRIMINAL CASE

          BRUCE HOWE HENDRICKS UNITED STATES DISTRICT JUDGE.

         PRELIMINARY ORDER OF FORFEITURE AS TO JACQUELIN SAINVIL

         This 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:

         1. On March 15, 2016, an Indictment was filed charging Sainvil with:

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).

         2. 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 following:

A. Proceeds/ Money Judgment:[1]
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.

         3. On 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.

         4. 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.

         5. The 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, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.