No. CR415-210.


United States District Court, S.D. Georgia, Savannah Division.

Attorney(s) appearing for the Case

USA, Plaintiff, represented by Scarlett S. Nokes , U.S. Attorney's Office, Brian T. Rafferty , U.S. Attorney's Office, Edward J. Tarver , Enoch Tarver, P.C., James D. Durham , U.S. Attorney's Office & Amanda Elizabeth Love , Department of Law.


WILLIAM T. MOORE, Jr., District Judge.

WHEREAS, on December 3, 2015, a federal grand jury sitting in the Southern District of Georgia returned an eight-count Indictment against Defendant Barbara J. Wallace charging violations of 18 U.S.C. §§ 1347 and 2 (Counts One through Eight — Health Care Fraud and Aiding and Abetting);

WHEREAS, the Indictment sought forfeiture pursuant 18 U.S.C. § 982(a)(7) of any property, real or personal, constituting or derived, directly or indirectly, from gross proceeds traceable to the commission of the offenses, including but not limited to a money judgment representing the amount of gross proceeds obtained from the offenses charged in Counts One through Eight of the Indictment;

WHEREAS, the Indictment further provided for the forfeiture of substitute assets pursuant to 21 U.S.C § 853(p), as incorporated by 18 U.S.C. § 982(b)(1), of any other property of Defendant up to the value of the property subject to forfeiture;

WHEREAS, on September 2, 2016, pursuant to a written plea agreement, Defendant pled guilty to Count One of the Indictment charging a violation of 18 U.S.C. § 1347, Health Care Fraud;

WHEREAS, pursuant to her plea agreement, Defendant agreed to entry of an Order of Forfeiture reflecting a money judgment in the amount of the gross proceeds she obtained directly or indirectly as a result of the health care fraud scheme alleged in the Indictment and to which she pled guilty, as determined by the Court at sentencing; and

WHEREAS, pursuant to her plea agreement, Defendant agreed to waive the requirements of Federal Rules of Criminal Procedure 11(b)(1)(J), 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 without further order of the Court.


1. Pursuant to 18 U.S.C. § 982(a)(7) and Rule 32.2 of the Federal Rules of Criminal Procedure, Defendant shall forfeit to the United States the sum of $__________, which is the sum of money equal to all gross proceeds traceable to Defendant's offense of conviction.

2. Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, this Order of Forfeiture shall become final as to Defendant at the time of sentencing, be made part of the sentence, and be included in the judgment.

3. The United States may, at any time, move pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure to amend this Order of Forfeiture to substitute property to satisfy the money judgment in whole or in part.

4. In accordance with the provisions of 21 U.S.C. § 853, as incorporated by 18 U.S.C. § 982(b)(1), and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the United States is authorized to undertake whatever discovery is necessary to identify, locate, or dispose of property subject to forfeiture, or substitute assets for such property.

5. This Court shall retain jurisdiction for the purpose of enforcing this Order.

6. The Clerk of the Court shall forward four certified copies of this Order to Assistant U.S. Attorney Scarlett S. Nokes, United States Attorney's Office for the Southern District of Georgia, P.O. Box 8970, Savannah, Georgia 31412.


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