United States District Court, W.D. Arkansas, Fayetteville Division
Jose
Wilfredo Morales Carpio, Defendant
Jose
Alfaro, Counsel for Defendant
Dustin
S. Roberts, Assistant U.S. Attorney
PRELIMINARY ORDER OF FORFEITURE
HONORABLE TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE
On
September 12, 2018, a Grand Jury sitting in the Western
District of Arkansas returned an Indictment against the
Defendant, Jose Wilfredo Morales Carpio, charging him with
three counts of having knowingly received visual depictions
that had been mailed and shipped and transported in
interstate and foreign commerce and which contained materials
that had been mailed and shipped and transported by any
means, including by computer, and the production of such
visual depiction involved the use of a minor engaged in
sexually explicit conduct as that term is defined in Title
18, U.S.C. § 2256, and in visual depiction was of such
conduct, and attempted to do so; all in violation of Title 18
U.S.C. §§ 2252(a)(2) and (b)(1); two counts of
knowingly possessed a electronic device, that contained
images of child pornography, as that term is defined in Title
18, U.S.C. § 2256(8) including images of minors under
the age of 12, which had been mailed, shipped and transported
in interstate and foreign commerce by any means, including by
computer, and that was produced using materials that had been
mailed, and shipped and transported in interstate and foreign
commerce by any means, including by computer, and attempted
to do so, all in violation of Title 18 U.S.C. §§
2252A(a)(5)(B) and (b)(2); and a forfeiture allegation.
In the
forfeiture allegation of the Indictment, the United States
seeks forfeiture, pursuant to Title 18 U.S.C. § 2253,
incorporating by reference Title 21 U.S.C. § 853, of
1. Any visual depiction described in 18 United States Code
§§ 2251, 2251 A, or 2252, 2252A, 2252B, or 2260, or
any book, magazine, periodical, film, videotape, or other
matter, which contains any such visual depiction, which was
produced, transported, mailed, shipped or received in
violation of the offenses in the Indictment;
2. Any property, real or personal, consisting or traceable to
gross profits or other process obtained from the offenses in
the Indictment; and
3. Any property, real or personal, including any and all
computer equipment or cellular device, used or intended to be
used to commit or to promote the commission of the offenses
in the Indictment, or any property traceable to such
property, including, but not limited to computer equipment
used in the commission of the offenses in the Indictment.
On
November 9, 2018, the Defendant pleaded guilty to Count 2 of
the Indictment. Pursuant to a Plea Agreement entered into by
the parties, the Defendant agrees to forfeit all rights,
title and interest to Apple iPhone 4 Model A1332, Samsung
Cell Phone Model SM-J727AZ with 32GB Sandisk Micro SD,
Samsung Cell Phone Model SM-J727AZ, Samsung Galaxy Amp Prime
with 32GB Sandisk Micro S.D. and Huawei Ascend Cell Phone
with 32GB Patriot Micro SD. The Defendant acknowledges that
all property covered by the Plea Agreement is subject to
forfeiture as property facilitating illegal conduct, or
property involved in illegal conduct giving rise to
forfeiture, or as substitute assets for property otherwise
subject to forfeiture.
Pursuant
to the Plea Agreement, the Defendant consents to the
immediate entry of a Preliminary Order of Forfeiture upon
entry of the guilty plea. The Defendant further agrees that
upon entry of the Preliminary Order of Forfeiture, such order
will be considered final as to Defendant's interests in
the property(ies). The Defendant agrees to immediately
withdraw any claims to property(ies) seized in connection
with this case in any pending administrative and civil
forfeiture proceeding, and consents to the forfeiture of all
properties seized in connection with this case to the United
States. The Defendant agrees to execute any and all documents
requested by the Government to facilitate or complete the
forfeiture process(es). The Defendant further agrees not to
contest or to assist any other person or entity in contesting
the forfeiture of the property(ies) seized in connection with
this case.
Pursuant
to the Plea Agreement, the Defendant agrees to consent to the
entry of Orders of forfeiture for such property and waives
the requirements of Federal Rules of Criminal Procedure 32.2
and 43(a) regarding notice of the forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment. The
Defendant acknowledges that he understands that the
forfeiture of assets is part of the sentence that may be
imposed in this case and waives any failure by the court to
advise him of this, pursuant to Rule 1 l(b)(1)(J), at the
time his guilty plea is accepted.
Pursuant
to the Plea Agreement, the Defendant further agrees to waive
all constitutional and statutory challenges in any manner
(including direct appeal, habeas corpus, or any other means)
to any forfeiture carried out in accordance with the Plea
Agreement on any grounds, including that the forfeiture
constitutes an excessive fine or punishment. The Defendant
agrees to take all steps as requested by the United States to
pass clear title to forfeitable assets to the United States,
and to testify truthfully in any judicial forfeiture
proceeding. The Defendant also agrees that the forfeiture
provisions ...