United States v. Jenna Depue

MEMORANDUM

The government appeals the district court’s order refusing to enter a criminal forfeiture money judgment in the amount of $76,667 against defendant Jenna Depue, despite a similar order having been vacated and remanded on a prior appeal. See United States v. DePue, 12-10289, 2012 WL 7688157 , at *1 (9th Cir. Dec.12, 2012).

Pursuant to 28 U.S.C. § 2461 (c), when either criminal or civil forfeiture is authorized for a charged crime, the government is permitted to include notice of forfeiture in an information issued against the defendant. If the government later obtains a conviction on such information — as occurred in this case — the district court is obligated to enter a forfeiture judgment against the defendant at the government’s request. See United States v. Newman, 659 F.3d 1235, 1239-40 (9th Cir.2011).

Both civil and criminal forfeiture judgments are authorized for violations of 18 U.S.C. § 1349 , the conspiracy statute under which Depue pleaded guilty. See 18 U.S.C. § 981 (a)(1)(C) (permitting civil forfeiture for conspiracy to violate 18 U.S.C. § 1344 ); 18 U.S.C. § 982 (a)(2)(A) (permitting criminal forfeiture for conspiracy to violate 18 U.S.C. §§ 1341 ,…