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. Ford

United States District Court, D. Oregon

March 10, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TAQUARIUS KAREAM FORD, Defendant.

          OPINION & ORDER

          MARCO A. HERNÁNDEZ UNITED STATES DISTRICT COURT JUDGE

         Before the Court is the Government's Motion for Restitution [343]. The Government seeks an order of restitution under the Trafficking Victims Protection Act of 2000 (“TVPA”), 22 U.S.C. §§ 7101-7114, in the amount of $222, 700 and under the Mandatory Victim Restitution Act (“MVRA”), 18 U.S.C. § 3663A, in the amount of $2, 257.79. The Court GRANTS the Motion in part and DENIES the Motion in part.

         BACKGROUND

         After an eleven-day trial, a jury found Defendant guilty of one count of sex trafficking conspiracy, two counts of sex trafficking, and one count of obstruction. See Verdict Form, ECF 281. After trial, the Government filed a forfeiture motion seeking, in part, a money judgment against Defendant for the proceeds that he obtained as the result of his crimes. See Gov't Forfeiture Mot. 31, ECF 300. The Court granted the Government's forfeiture motion. See Nov. 3, 2017, Op. & Order, ECF 334. In particular, the Court held that the Government had proven by a preponderance of the evidence that Defendant obtained proceeds from sex trafficking victims A.F.W., T.H., A.C.W., C.H, and D.J. Id. at 15. Accordingly, the Court entered an in personam money judgment against Defendant in the amount of $600, 000 ($222, 700 in proceeds from sex trafficking victims and $377, 300 in facilitating property). Id. at 16-17.

         Now, the Government has filed its motion seeking restitution for the victims identified above for the same sums of money that the Court previously included in its forfeiture order. Specifically, the Government seeks the following amounts of the victims' losses under the TVPA based on Defendant's “gross proceeds” or “ill-gotten gains”:

A.

A.F.W.

$210, 000

B.

T.H.

$7, 000

C.

A.C.W.

$700

D.

C.H.

$2, 000

E.

D.J.

$3, 000.

         Gov't Mot. for Restitution 11, ECF 343. In addition, the Government seeks restitution under the MVRA for T.H.'s mother, M.M., for shelter, clothing, transportation, and basic needs in the amount of $2, 257.79. Id. Defendant has filed his brief in opposition to the Government's Motion. See Def.'s Resp. to Gov't Mot. for Restitution, ECF 348.

         STANDARDS

         Courts must order restitution under the TVPA for any offense under chapter 77 which includes sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591. See 18 U.S.C. § 1593(a). The TVPA requires that the defendant pay the victim the “full amount of the victim's losses” which means “the greater of the gross income or value to the defendant of the victim's services or labor or the value of the victim's labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act.” 18 U.S.C. § 1593(a)(3) (internal citation omitted). “The statutory language is clear that mandatory restitution includes not only the victims' actual losses, but also the defendant's ill-gotten gains.” United States v. Webster, No. 08-30311, 2011 WL 8478276, at *3 (9th Cir. Nov. 28, 2011); see also United States v. Fu Sheng Kuo, 620 F.3d 1158, 1164 (9th Cir. 2010) (same).

         The MVRA requires mandatory restitution “in all sentencing proceedings for convictions . . . for, any offense . . . that is . . . a crime of violence[.]” 18 U.S.C. § 3663A(c)(1). The term “crime of violence” means:

(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

18 U.S.C. § 16. The amount of restitution will be upheld “if the district court is able to estimate, based upon facts in the record, the amount of the [victims] loss with some reasonable certainty.” United States v. Doe, 488 F.3d 1154, 1159-60 (9th Cir. 2007). Restitution ...


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.