Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 1 of 13

McGREGOR W. SCOTT FILED

United States Attorney Oct 29, 2020
2
JOSEPH D. BARTON CLERK, U.S. DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

a
J
HENRY Z. CARBAJAL III
Assistant United States Attorneys
4 2500 Tulare Street, Suite 4401
Fresno, CA9372l
5 Telephone: (559) 497-4000

7
Facsimile: (559) 497-4099
SEALED
Attorneys for Plaintiff
8 United States of America

9
IN TIIE UNITED STATES DISTRICT COURT
l0
EASTERN DISTRICT OF CALIFORMA
11

1:20-cr-00198 -NONE-SKO
12 rrNrrED sTATES oF AMERIcA, CASE NO.
ll
13
Plaintiff, 18 U.S.C. $ 1343 - Wire Fraud (Nine Counts); 18
14 U.S.C. $ 1028A(a)(1) - Aggravated Identity Theft
v. (One Count); 18 U.S.C. $ 1956(a)(lXBXi) - Money
l5 Lanndering (Six Counts); 18 U.S.C. 1957 - Money
RAYMOND HOLCOMB BREWER, Laundering (Eight Counts); 18 U.S.C. $$
t6 981(a)(l)(C), 982(a)(1), , and 28 U.S.C. g 2a61(c) -
Defendant. Criminal Forfeiture
t7

18
INDICTMENT
t9 COLINT ONE: [18 U.S.C. $ 1343 - Wire Fraud]
20
The Grand Jury charges:
2t
RAYMOND HOLCOMB BREWER
22
defendant herein, as follows:
Z)
I. BACKGROT]ND
24
1. At all relevant times, defendant Raymond Holcomb Brewer ("BREWER") was a resident
25
of Porterville, which is located in the State and Eastern District of Califomia. Defendant BREWER also
26
lived part-time in the area of Sheridan, Montana.
27
2. Defendant BREWER owned and operated a business called CH4 Power, Inc. ("CH4
28

INDICTIVENT
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 2 of 13

I Power"). CH4 Power is a Wyoming corporation with its principal place of business in Tulare, which is
1 located in the State and Eastern District of California. "CH4" is the elemental symbol for methane.

J 3. Anaerobic digesters are generally large machines that require at least a few acres of land

4 to operate. They use microorganisms to break down and help manage biodegradable material such as

5 cow mamre. In breaking down the biodegradable material, the digesters produce renewable energy in

6 the form of methane natural gas. The natural gas, in turn, produces Renewable Energy Credits ("REC").

7 The natural gas and RECs can be sold to generate revenue.

8 4. A REC is a market-based instrument that represents the properfy right to the reduction in

9 greenhouse gas emissions achieved through renewable energy generation. RECs are commonly

10 purchased by large companies to meet green energy regulatory, contractual, and initiative requirements,

l1 and to promote themselves as being environmentally friendly companies. RECs are generally policed

t2 through audits by third party, non-profit environmental organizations.

t3 5. After an anaerobic digester breaks down the biodegradable material and produces natural

l4 gas, the byproducts are liquid fertilizer and solid compost that can potentially be sold to create additional

15 revenue.

t6 6. Construction and operation of anaerobic digesters may also produce various federal and

t7 state tax incentives.

18 7. Defendant BREWER, acting through CH4 Power, purported to build anaerobic digesters

t9 at dairies in Fresno, Kern, Kings, and Tulare Counties, located in the State and Eastern District of
20 California, and elsewhere.

2t 8. Defendant BREWER labeled each purported anaerobic digester with a prefix to show the

22 state in which it was supposed to be located. For example, defendant BREWER labeled purported

23 digesters in California with the prefix "CDE," which stood for California Dairy Energy.

24 9. At all relevant times, defendant BREWER was affiliated with, and had access to bank

25 accounts for, at least the following business entities:

26 a) California Dairy Energy I,LLC;

27 b) California Dairy Energy 6,LLC;

28 c) California Dairy Energy 24,LLC;

INDICTtvml'ir
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 3 of 13

I d) CH4 Green Energy Holdings, LLC;

2 e) CH4 Engineering Holdings, LLC;

J D CH4 Bioenergy Hpldings, LLC;

4 s) CH4 Engineering and Construction, LLC;

5 h) CH4 Power Dairy Energy Holdings I,LLC;

6 i) Golden BioGas, LLC;

7 i) Green Energy, LLC;

8 k) Nevada Utility Supply, LLC; and

9 1) Renewable Legacy,LLC.
10 10. Defendant BREWER, individually and through his various business entities, solicited

11 investrnents for the building of purported anaerobic digesters. In retum, defendant BREWER

t2 represented to his investors that they would receive rights to the natural gas, RECs, and tax incentives

13 produced by the digesters.

l4 1 1. Defendant BREWER used an alias, R.L.B., and an alternative Social Security Number

l5 ("SSN") belonging to R.M.B., SSN ending***4561, in connection with his business activities. For

t6 example, defendant BREWER moved investor money into bank accounts that he opened using the alias

t7 or alternative SSN without the investors' authorization and then later spent nearly all of the investor

18 money on personal expenditures.

19
II. THE SCIIEME TO DEFRAUD
20 12. Beginning on a date unknown to the Grand Jury, but no later than March 2014, and.
2I continuing through approximately Decemb er 2019, in the State and Eastern Diskict of California and

22 elsewhere, defendant BREWER" acting through CH4 Power and other affiliated business entities,

23 intended to devise, devised, participated in, and executed a material scheme and artifice to defraud

24 investors, and to obtain money and property from those investors by means of materially false and

25 fr audulent pretenses, representations, and promises.

26
IIr.
27 13. Defendant BREWER carried out his scheme and artifice to defraud by using the
28

INDICTTENT
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 4 of 13

1 following manner and means, among others:

2 14. Defendant BREWER purported to be an engineer, with significant prior experience

J working with anaerobic digesters.

4 15. Defendant BREWER located prospective investors through various means, including but

5 not limited to, attendance at industry events, online profiles in newspapers and trade publications, and

6 referrals from service providers and equipment suppliers with whom he made inquiries or placed orders.

7 16. Defendant BREWER held in-person meetings with prospective investors at CH4 Power's

8 office in Tulare and elsewhere in the State and Eastern District of Califomia, and also communicated

9 with them through telephone calls, text messages, emails, and Internet-based document sharing systems,

10 such as Dropbox.

t1 17. Defendant BREWER made materially false and fraudulent promises and representations

12 to prospective investors, and used materially false and fraudulent pretenses, to induce the prospective

13 investors into sending him their money to purportedly build anaerobic digesters. In return, the

t4 prospective investors were promised rights to the natural gas, RECs, and tax incentives produced by the

15 digesters.

16 18. Defendant BREWER's false and fraudulent pretenses, promises, and representations to

l7 investors included, but were not limited to, the following:

18 19. Defendant BREWER purported to have developed an anaerobic digester that would help

t9 dairies meet or exceed greenhouse gas emission standards and generate up to ten times the amount of
20 energy that the dairies used, which would create reliable revenue streams for years to come.

2l 20. Defendant BREWER took prospective investors on tours of dairies in the State and

22 Eastern District of California where he falsely represented that he planned to build anaerobic digesters.

23 In at least one instance, defendant BREWER showed prospective investors one operating digester to

24 which he had access but did not own, control, or have any other involvement. Defendant BREWER

25 falsely represented to the prospective investors that he planned to build digesters like the digester he

26 showed investors.

27 21. Defendant BREWER showed prospective investors examples of the byproducts that the

28 purported anaerobic digesters would generate. In at least one instance, defendant BREWER showed

INDICTN,EI.m
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 5 of 13

1 prospective investors a bucket containing compost pellets. Defendant BREWER falsely represented to

2 the prospective investors that he planned to build digesters that would generate byproducts such as the

J compost pellets and that he had developed a way to monetize the byproducts to create additional sources

4 ofrevenue.

5 22. Defendant BREWER executed lease agreements with some dairies, and falsely claimed

6 that he would build anaerobic digesters at the dairies. In other instances, defendant BREWER caused

7 fake lease agreements with dairies to be created, containing false and forged signatures on behalf of the

8 dairies. Defendant BREWER then provided those agreements, including the falsified agreements, to

9 prospective investors to deceive them into believing that he planned to build the anaerobic digesters.

10 Defendant BREWER never built any anaerobic digesters.

11 23. Defendant BREWER altered a letter that he received from a bank to make it appear as

t2 though the bank had committed to lending him up to approximately $100,000,000 to build anaerobic

13 digesters. The genuine letter actually statedthat the bank had not committed to lending any money to

14 defendant BREWER and that the bank needed tb conduct due diligence before making a decision.

15 Defendant BREWER then provided the altered letter to prospective investors and falsely claimed that he

t6 had secured funding to build anaerobic digesters.

t7 24. Defendant BREWER also caused to be created a fake agreement with a company that

18 manufacturers and sells lawn, garden, and pest control products. The purported agreement falsely

t9 claimed the company had agreed to purchase byproducts the purported digesters would generate.

20 Defendant BREWER caused the signature of A.L., a factory manager for the company, to be forged on

2t the agreement. Defendant BREWER then caused the falsified agreement to be sent by email to a

22 representative of a prospective investor from CH4 Power's office in Tulare, California. Defendant

23 BREWER had the agteement sent to the prospective investor for the purpose of inducing the investor to

24 make an investment with him. Approximately one week later, the prospective investor sent defendant

25 BREWER $5,000,000 to invest in a purported anaerobic digester.

26 25. Defendant BREWER falsely represented to prospective investors that he had obtained

27 permits required to build the purported anaerobic digesters when he had not done so.

28 26. Instead of using the investors' funds for the pu{poses for which they were intended,

INDICTMENT
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 6 of 13

1 defendant BREWER instead spent investors' money, without authorization, for his personal purposes

2 and benefit. After receiving and spending investors' money for his personal use, defendant BREWER
a
J provided investors with inconsistent, conflicting explanations and excuses concerning the lack of
4 completion of the construction of the anaerobic digesters. Defendant BREWER also falsely represented

5 to investors that the construction of anaerobic digesters was progressing, and at times induced investors

6 into investing more money with him by making additional false and fraudulent pretenses, promises, and

7 representations, including, but not limited to, the following:

8 27. Defendant BREWER caused to be created fake construction schedules falsely showing

9 that substantial progress had been made on the purported anaerobic digesters when there had not been

10 any construction. Defendant BREWER then sent the fake schedules to investors to falsely show them

11 progress on the digesters.

t2 28. Defendant BREWER obtained stock photographs of anaerobic digesters that were under

l3 construction that he did not own or control and had no involvement in building. Defendant BREWER

l4 then sent the photographs, sometimes after causing alterations to be made to the photographs, to

15 dif[erent investors at various times to show them progress on different purported digesters when there

16 had not been any construction.

17 29. Defendant BREWER created fake invoices and bilting statements to make it appear as

18 though he had used investor funds for agreed pu{poses, including engineering designs and other costs

t9 related to the purported anaerobic digesters. Defendant BREWER then provided the fake invoices to

20 investors to convince investors that their money had been used for authorized expenses. In fact,

2l defendant BREWER spent investor money on personal expenses, including personal purchases of real

22 properfy, personal home improvements, recreational vehicles, and personal vehicles.

23 30. Defendant BREWER.caused to be created fake power generation reports to show that the

24 purported anaerobic digesters had been constructed and were operating when there had not been any

25 construction. Defendant BREWER then sent the fake reports to investors to falsely show them that the

26 digesters were operating.

27 31. Defendant BREWER also caused fake RECs to be created. Defendant BREWER then

28 sent the false RECs to investors who later resold the RECs. In doing so, defendant BREWER executed

INDICTMENT
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 7 of 13

i contracts wherein he falsely and fraudulently confirmed the authenticity of the RECs.

2 32. In some instances, defendant BREWER made repayments to investors that purported to
a
J be refunds of all or some of their investments in anaerobic digesters that were not constructed.

4 However, defendant BREWER used other investors' newly received money to make these purported

5 refunds because he had largely used prior investors' money on personal expenses. Defendant BREWER

6 made the purported refunds in an attempt to avoid or settle disputes with investors, which enabled him to

7 continue his scheme and artifice to defraud and delay its discovery.

8 33. At all relevant times, defendant BREWER acted with intent to defraud. Defendant

9 BREWER's conduct resulted in a loss to investors of more than $8,750,000.

10 IY. USE OF WIRE TRANSMISSIONS

11 34. On or about the dates set forth below, in the State and Eastern District of California and

12 elsewhere, for the purpose of executing his scheme and artifice to defraud, defendant BREWER

13 knowingly transmitted and caused to be transmitted by means of wire and radio communication in

t4 interstate and foreign cofirmerce, including to and from the State and Eastem District of California, the
15 following writings, signs, signals, pictures and sounds:
t6 Co'nt Date Description
ONE t2t27/t6 Wire transmission of monies in the amount of $5,000,000, originating from
t7 investor M.G.'s bank account at Virginia National Bank in Virginia, and sent
to BREWER's Golden BioGas account ending ,<**0301 at Wells Fargo Bank
18
in the State and Eastern District of California.
t9 TWO 12127117 Wire transmission of monies in the amount of $400,000, originating from
investor DYN.'s bank account atTatra Bank in Slovakia, and sent to
20
BREWER's CH4 Green Energy Holdings account ending ***6965 at Wells
21 Fargo Bank in the State and Eastern District of California.
THREE 0 1/1 8/1 8 Wire transmission of monies in the amount of $500,000, originating from
22 investor DYN.'s bank account atTatra Bank in Slovakia, and sent to
BREWER's CH4 Green Energy Holdings account ending ***6965 at Wells
23
Fargo Bank in the State and Eastern District of Califomia.
24 FOI-IR 0l126lt8 Wire transmission of monies in the amount of $500,000, originating from
investor DYN.'s bank account atTatra Bank in Slovakia, and sent to
25 BREWER's CH4 Green Energy Holdings account ending ***6965 at Wells
Fargo Bank in the State and Eastern District of California.
26 FIVE 04lr0lt8 Wire transmission of monies in the amount of $300,000, originating from
investor DYN.'s bank account atTatra Bank in Slovakia, and sent to
27
BREWER's CH4 Green Energy Holdings account ending ***6965 at Wells
28 Fargo Bank in the State and Eastern District of California.

IuntcrtvmNr
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 8 of 13

1 stx 07n6tr8 Wire transmission of monies in the amount of $19,955, originating from
investor DYN.'s bank account atTataBank in Slovakia, and sent to
2
BREWER's CH4 Green Energy Holdings account ending ***6965 at Wells
J Fargo Bank in the State and Eastem District of California.
SEVEN 08/03i 1 8 Wire transmission of monies in the amount of $199,935, originating from
4 investor DYN.'s bank account atTatraBank in Slovakia, and sent to
BREWER's CH4 Green Energy Holdings account ending **,k6965 at Wells
5 Fargo Bank in the State and Eastern District of California.
EIGHT r0l03lt8 Wire transmission of monies in the amount of $21,000, originating from
6
investor DYN.'s bank account atTatraBank in Slovaki4 and sent to
7 BREWER's CH4 Green Energy Holdings account ending ***6965 at Wells
Fargo Bank in the State and Eastem District of California.
8 NINE t0ltllt8 Wire transmission of monies in the amount 6f $42,000, originating from
investor DYN.'s bank account atTafraBank in Slovaki4 and sent to
9
BREWER's CH4 Green Energy Holdings account ending {,*r.6965 at Wells
Fargo Bank in the State and Eastern District of California.
10

11 A11 in violation of Title 18, United States Code, Section 1343.

t2 COUNT TEN: [18 U.S.C. $ 1028A(aX1) - Aggravated Identity Theft]

13 The Grand Jury further charges:

14 RAYMOND HOLCOMB BREWER

15 defendant herein, as follows:

t6 35. Paragraphs 1 through 34 inclusive are hereby incorporated by reference as if fully set
17 forth herein.

18 36. The term "means of identification" means any name or number that may be used, alone

t9 or in conjunction with any other information, to identifu a specific individual.

20 37. On or about December 20,2016, in the State and Eastern District of California, defendant

2t BREWER did knowingly use the means of identification of another person, without lawful authority, to

22 wit: he knowingly used the means of identification of A.L., including, but not limited to, A.L.,s name

23 and forged signature on a falsified agreement, during and in relation to an unlawfirl activity that

24 constitutes a violation of federal law, to wit: wire fraud in violation of Title 18, United States Code,

25 Section 1343 as follows:

26

27

28

INDICTT,ENT
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 9 of 13

1 Count Date Person Means of idenffication Corresponding

Coirnt
2
TEN t2/20116 A.L. Name and forged signature of A.L. on falsified
ONE
J agreement between company and BREWER,
dated on or about January 29,2016, and sent to
4 one of BREWER's investors

5
All in violation of Title 18, United States Code, Section 1028A(a)(1).
6
COTINTS ELEVEN THROUGH SIXTEEN: [18 U.S.C. $$ 1956(a)(1XBXD and2- Money Laundering
7 and Aiding and Abettingl

8 The Grand Jury further charges:

9 RAYMOND HOLCOMB BREWER,

10 defendant herein, as follows:

11 38. Paragraphs 1 through 34 inclusive are hereby incorporated by reference as if fully set

12 forth herein.

13 39. After defendant BREWER received investor money into bank accounts that he owned or

t4 controlled, he transferred at least $565,000 into other bank accounts that he owned or controlled. In

15 doing so, defendant BREWER included false descriptions for the transfers such as: "Interconnection

16 Engineering," "Interconnection Permit," and "Water Board Fees," when, in fact, he later spent nearly all

l7 of the money on personal expenditures.

18 40. On the dates set forth below, in the State and Eastern District of California and

19 elsewhere, defendant BREWER did conduct financial transactions affecting interstate and foreign

20 cofilmsrce, which involved property that represented the proceeds of a specified unlawful activity, to

2l wit: wire fraud in violation of Title 18, United States Code, Section 1343, while knowing that the

22 property represented the proceeds of some form of rinlawful activity and that the financial transactions

23 were designed, in whole and in part, to conceal and disguise the nature, source, ownership, and control

24 of the proceeds, as follows:

Count Date Monetary Transaction
25
ELEVEN t2l27lL7 Wire transfer of $58,400 from BREWER's CH4 Green Energy
26 Holdings acct. ending***6965 at Wells Fargo Bank in the State and
Eastem District of California, and sent to BREWER's CH4
27 Engineering acct. ending *'6* 1605 at Wells Fargo Bank with false
description "CDE 113 Interconnection Permit"
28

INDICTNGNT 9
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 10 of 13

1 TWELVE t2l28l17 Wire transfer of $58,400 from BREWER's CH4 Green Energy
Holdings acct. ending***6965 at Wells Fargo Bank in the State and
2
Eastern District of Californiq and sent to BREWER'S CH4
J
Engineeringacct. ending {<'<'r'1605 at Wells Fargo Bank with false
description "CDE 1 40 Interconnection Perrnit"
4 THIRTEEN 01/05/18 Wire transfer of $14,900 from BREWER's CH4 Green Energy
Holdings acct. ending ***6965 at Wells Fargo Bank in the State and
5 Eastem District of Califomia, and sent to BREWER's CH4
Engineering acct. ending *x{<1605 at Wells Fargo Bank with false
6
descriptiori "CDE 113 Water Board Fees"
7 FOURTEEN 01/0s/18 Wire transfer of $14,900 from BREWER's CH4 Green Energy
Holdings acct. ending *{'.*6965 at Wells Fargo Bank in the State and
8 Eastern District of Californiq and sent to BREWER's CH4
Engineeringacct. ending **'rcl605 at Wells Fargo Bank with false
9 description "CDE 140 Water Board Fees"
FIFTEEN 011291t8 Wire transfer of $15,300 from BREWER's CH4 Green Energy
10
Holdings acct. ending ***6965 at Wells Fargo Bank in the State and
1l Eastern District of California, and sent to BREWER's CH4
Engineerin g acct. ending * 'r' {' 1 605 at Wells Fargo Bank with false
12 descriotion "CDE 1 1 3 Interconnection Engineering"
SXTEEN 0U26lt8 Wire transfer of $15,300 from BREWER's CH4 Green Energy
13
Holdings acct. ending***6965 at Wells Fargo Bank in the State and
Eastem District of California, and sent to BREWER's CH4
t4
Engineeringacct. ending ***1605 with false description "CDE 140
15 Interconnection Ensineerins"

t6 All in violation of Title 18, United States Code, Sections 1956(a)(1)(B)(i) and 2.

t7
COUNTS SEVENTEEN THROUGH TWENTY-FOUR: [18 U.S.C. $$ 1957 and2-Money
18 Laundering and Aiding and Abettingl

t9 The Grand Jury further charges:

20 RAYMOND HOLCOMB BREWER,

2l defendant herein, as follows:

22 41. Paragraphs 1 through 34 inclusive are hereby incorporated by reference as if fully set

23 forth herein.

24 42. On the dates set forth below, in the State and Eastern District of California and

25 elsewhere, defendant BREWER did knowingly engage in monetary transactions by, through, and to

26 financial institutions, affecting interstate and foreign cortmerce, in criminally derived property that was

27 of a value greater than $10,000, that is the withdrawal and transfer of money, as more firlly set forth

28 below, such property having been derived from a specified unlawful activity, to wit: wire fraud in

10
INDICTT4SNT
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 11 of 13

1 violation of Title 18, United States Code, Section 1343:

Count Date Monetary Transaction
2
SEVENTEEN 01/24/17 Wire transfer for $533,867.39 from BREWER's Renewable
J Legacy acct. ending***4406 at Wells Fargo Bank payable to
Stewart Title for personal residence in Porterville, CA
4 EIGHTEEN 0U3U17 Check for $25,000.00 from BREWER's Renewable Legacy acct.
ending ***4406 at Wells Fargo Bank payable to construction
5
company for paving driveway at personal residence in
Porterville, CA
6
NINETEEN 02109/t7 Check for $35,500.00 from BREWER's RenewableLegacy acct.
7 ending x**4406 at Wells Fargo Bank payable to Ashley
Furniture for fumiture delivered to personal residence in
8 Porterville, CA
TWENTY 09129117 Check for $72,479.00 from BREWER's RenewableLegacy acct.
9
ending ***4406 at Wells Fargo Bank payable to construction
10 company for paving driveway at personal residence in
Porterville, CA
11 TWENTY-ONE 09129117 Check for $92,504.53 from BREWER's Renewable Legacy acct.
ending ***4406 at Wells Fargo Bank payable to construction
l2 company for paving driveway at personal residence in
Porterville. CA
13
TWENTY-TWO 12t28t17 Wire transfer for $77,099.76 from BREWER's Renewable
14 Legacy acct. ending***4406 at Wells Fargo Bank payable to
Elk Grove Auto Group for purchase of Dodge Ram vehicle in
15 Elk Grove. CA
TWENTY-THREE 01/03/18 Wire transfer for $46,133.14 from BREWER's Renewable
t6 Legacy acct. endin g * * * 4406 at Wells Fargo Bank payable to
17
Elk Grove Auto Group for purchase of Dodge Ram vehicle in
Elk Grove. CA
18 TWENTY-FOUR 0U12lt8 Wire transfer for $82,697.76 from BREWER's Renewable
Legacy acct. endin g * * * 4406 at Wells Fargo Bank payable to
t9 Elk Grove Auto Group for purchase of Dodge Ram vehicle in
EIk Grove, CA
20
All in violation of Title 18, United States Code, Sections 1957 and2.
2l
22 FORIEITURE ALLEGATION: [18 U.S.C. $$ 981(a)(1)(C) and 982(a)(1), atd28 U.S.C. $
2461(c) - Criminal Forfeiturel
23
43. Upon conviction of the offenses alleged in Counts One through Ten of this Indictment,
24
defendant BREWER shall forfeit to the United States, pursuant to Title 18, United States Code, Section
25
981(aX1XC) and Title 28, United States Code, Section 246I(c), all property, real or personal, which
26
constitutes or is derived from proceeds traceable to such violations, including but not limited to the
27
following:
28

INDICT}yGNT l1
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 12 of 13

1 a) Real property located atLot 1 Mountain View road, Montana" Madison County, APN:
2 25 -0506-13- 1 -0 I -05-0000; and

J b) Real property located at 804B E. Worth Avenue, Porterville, Tulare County, APN: 271-

4 060-019-000.

5 44. Upon conviction of the offenses alleged in Counts Eleven through Twenty-Four of this

6 Indictment, defendant BREWER shall forfeit to the United States, pursuant to 18 U.S.C. $ 982(a)(1),

7 any property, real or personal, involved in such offense, or any property traceable to such property,

8 including but not limited to the following:

9 a) Real property located at Lot 1 Mountain View road, Montana, Madison County, APN:

10 25 -0506-13- 1 -0 I -05-0000; and

1l b) Real properfy located at 8048 E. Worth Avenue, Porterville, Tulare County, APN: 271-

t2 060-019-000.

13 45. If any property subject to forfeiture, as a result of the offenses alleged in Counts One

t4 through Twenty-Four of this Lrdictment, for which defendant is convicted:

15 a) cannot be located upon the exercise ofdue diligence,

t6 b) has been transferred or sold to, or deposited with, a third party,

t7 c) has been placed beyond the jurisdiction of the Court,

t8 d) has been substantially diminished in value, or

t9 e) has been commingled with other property which cannot be divided without difficulty,

20 it is the intent of the United States, pursuant to Title 18, United States Code, 982(b), and Title 21, United

2l States Code, Section 853@), as incorporated by 28, United States Code, Section 2461(c),

22 ilt
23

24 ilt
25

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27

28

INDICTT/EI.rI 12
 Case 9:20-mj-00042-KLD Document 1 Filed 11/13/20 Page 13 of 13

I to seek forfeiture of any other property of the defendant up to the value of the property subject to

2 forfeiture.

3 A TRUE BILL.

4
/dsignaure onfrleUAUSA
5

8
MCGREGORW. SCOTT
9 United State Attornev
10 KIRK E. SHERRIFF
KIRK E. SI{ERRIFF
l1 Assistant United States Attorney
t2 Chief, Fresno Office

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INDIcn"Gr.rr l3