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United States v. Lindell

United States District Court, D. Hawaii

September 13, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
GEORGE LINDELL and 01 HOLLY HOAEAE, 02 Defendants.

          FLORENCE T. NAKAKUNI, United States Attorney District of Hawaii

          KENNETH M. SORENSON MARION PERCELL, Assistant United States Attorney, Attorneys for Plaintiff

          PRELIMINARY ORDER OF FORFEITURE (AS TO SPECIFIC PROPERTY) AND ORDER OF FORFEITURE (MONEY JUDGMENT)

          Derrick K. Watson, United States District Judge.

         WHEREAS, on October 23, 2014, a Second Superseding Indictment was returned against defendants George Lindell and Holly Hoaeae charging them, in Counts 1 through 15, with mail and wire fraud in violation of 18 U.S.C. §§ 1341 and 1343, and charging defendant Lindell, in Counts 16 through 20, with conducting transactions in criminally derived property in violation of 18 U.S.C. § 1957; and

         WHEREAS the Second Superseding Indictment included forfeiture allegations giving notice that the United States would seek forfeiture of (1) any property, real and personal, which constitutes or is derived from proceeds traceable to the commission of the offenses set forth in Counts 1 through 15 of the Second Superseding Indictment, including but not limited to (a) $27, 000 contained in Wells Fargo IRA Account Number XXX-7984 held in the name of George Lindell, and (b) a sum of money equal to $8, 626, 588.86 in United States currency, which represents the proceeds obtained by the defendants as a result of the mail fraud and wire fraud offenses alleged in Counts 1 through 15 of the Second Superseding Indictment; and (2) any property, real or personal, involved in the offenses set forth in Counts 16 through 20 of the Second Superseding Indictment, including but not limited to a sum of money equal to the amount of United States currency identified in the offenses charged in Counts 16 through 20 of the Second Superseding Indictment, as alleged in the Second Superseding Indictment; and

         WHEREAS, on May 27, 2015, a jury sitting in the United States District Court for the District of Hawaii returned a verdict finding defendants George Lindell and Holly Hoaeae guilty of Counts 1, 3-4, and 6-10, which charged mail fraud offenses in violation of 18 U.S.C. § 1341, and of Counts 14-15, which charged wire fraud offenses in violation of 18 U.S.C. § 1343, and found defendant George Lindell guilty of Counts 17-20, which charged violations of 18 U.S.C. § 1957; and

         WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), a person convicted of an offense in violation of 18 U.S.C. § 1341 or 18 U.S.C. § 1343, which are specified unlawful activities within the meaning of 18 U.S.C. § 1956(c)(7), shall forfeit to the United States any property, real or personal, which constitutes or is derived from proceeds traceable to the violation; and

         WHEREAS, pursuant to 18 U.S.C. § 982(a)(1), a person convicted of an offense in violation of 18 U.S.C. § 1957 shall forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such offense; and

         WHEREAS, on May 28, 2015, the jury returned a special verdict finding that up to $27, 000 contained in Wells Fargo IRA Account Number XXXX-X984 held in the name of George Lindell constituted proceeds or property derived from proceeds that defendant George Lindell obtained, directly or indirectly, as a result of one or more of the mail fraud offenses alleged in Counts 1, 3-4, and 6-10 and one or more of the wire fraud offenses charged in Counts 14-15; and

         WHEREAS, on September 8, 2016, following fully litigated post-trial motions, the Court ruled that $8, 626, 588.86, the amount of the money judgment sought by the United States as proceeds of the offenses charged in the mail and wire fraud counts of which defendants were convicted, namely Counts 1, 3-4, 6-10, and 14-15, constitutes funds that defendants George Lindell and Holly Hoaeae obtained, directly or indirectly, as a result of the mail and wire fraud scheme, and that amount is therefore subject to forfeiture under 18 U.S.C. § 981(a)(1)(C), and the government is entitled to a personal money judgment against defendants George Lindell and Holly Hoaeae, jointly and severally, in that amount; and

         WHEREAS the Court also held on September 8, 2016 that the United States has established, by a preponderance of the evidence, that it is entitled to the imposition of a forfeiture money judgment against defendant Lindell alone in the amount of $255, 000, which represents the sum total of the funds that were involved in Counts 17-20, the offenses in violation of 18 U.S.C. § 1957 of which he was convicted; and

         WHEREAS the Court also held on September 8, 2016 that the entry of a personal money judgment in the amount of $8, 626, 588.86 is not excessive within the meaning of the Eighth Amendment to the United States Constitution; and

         WHEREAS, by virtue of the above, the United States is now entitled to all right, title, and interest in $8, 626, 588.86 in United States currency, representing the property that constitutes or was derived from the proceeds obtained, directly or indirectly, as the result of the offenses charged in Counts 1, 3-4, 6-10, and 14-15 in this matter; and

         WHEREAS, by virtue of the above, the United States is also now entitled to all right, title, and interest in $255, 000 in United States currency, representing the property that was involved ...


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