United States v. Manley, 9:22-cr-00393

Zachary N. Manley was indicted on May 10, 2022, for nine counts of wire fraud involving misuse of Paycheck Protection Program (PPP) loans through the Small Business Administration in violation of 18 U.S.C. § 1343.
The indictment included a forfeiture allegation seeking assets equal to the proceeds obtained from the offenses, amounting to $1,415,124.00.
Manley signed a Plea Agreement on October 27, 2023, and pleaded guilty to Count 1 of the indictment on March 4, 2024.
The government requested a preliminary order of forfeiture for the specified proceeds, with a provision for seeking substitute assets if specific property could not be found.
The court determined there was a requisite nexus between Manley’s offense and the proceeds, meeting requirements for forfeiture under 18 U.S.C. § 981(a)(1)(C) and related statutes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Forfeiture of proceeds	Proceeds traceable to wire fraud should be forfeited pursuant to the statutes	Consented to forfeiture in plea agreement	Forfeiture of $1,415,124 ordered against Manley
Substitution of assets	Court should order substitute assets if original assets unavailable	Consented in plea and order	United States entitled to pursue substitute assets
Applicability of notice	Publication of forfeiture notice not required for money judgment	Not disputed	No publication required; notice recorded as a lien
Jurisdiction and finality	Court should retain jurisdiction to enforce/amend order	Not disputed	Court retains jurisdiction until judgment satisfied