United States District Court, N.D. Iowa, Eastern Division
PRELIMINARY ORDER OF FORFEITURE
LEONARD T. STRAND JUDGE
IT IS
HEREBY ORDERED THAT:
1. As a
result of the guilty plea entered by defendant on December
20, 2016, to Count 2 of the Indictment, for which the
Government sought forfeiture pursuant to 21 U.S.C. §
853, defendant shall forfeit to the United States:
any
property constituting, or derived from, any proceeds
obtained, directly or indirectly, as the result of such
violation and any of the person's property used, or
intended to be used, in any manner or part, to commit, or to
facilitate the commission of, such violation.
2. The
Court has determined, based on the guilty plea entered by
defendant on December 20, 2016, and acceptance of the guilty
plea on January 5, 2017, that the following property is
subject to forfeiture pursuant to 21 U.S.C. § 853, that
the defendant had an interest in such property, and that the
government has established the requisite nexus between such
property and such offense:
$37, 439 in U.S. Currency seized from defendant's
residence, at XXXX North Center Street, Marshalltown, Iowa,
on or about May 5, 2016.
3. Upon
entry of this Order, the United States (or its designee) is
authorized to seize the specific property subject to
forfeiture identified above; to conduct any discovery the
court considers proper in identifying, locating or disposing
of the property; and to commence proceedings that comply with
any statutes governing third-party rights, in accordance with
Fed. R. Grim. P. 32.2(b)(3).
4. The
United States shall publish notice of the order and of its
intent to dispose of the property pursuant to Rule 32.2(b)(6)
of the Rules of Criminal Procedure in accordance with
Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil
Procedure. The United States may also, to the extent
practicable, send notice to any person known to have an
alleged interest in the subject property pursuant to Rule
32.2(b)(6) and in accordance with Supplemental Rule
G(4)(b)(iii-iv) of the Federal Rules of Civil Procedure.
5.
Pursuant to 21 U.S.C. § 853(n)(2), any person, other
than the defendant, asserting a legal interest in property
which has been ordered forfeited to the United States
pursuant to this section may, within (30) days from the final
publication of notice on www.forfeituro.gov or his
receipt of notice under paragraph (1), whichever is earlier,
petition the court for a hearing to adjudicate the validity
of his alleged interest in the property. The hearing shall be
held before the court alone, without a jury. The petition
shall he signed by the petitioner under penalty of perjury,
and shall set forth the nature and extent of the
petitioner's right, title, or interest in the property,
the time and circumstances of the petitioner's
acquisition of the right, title or interest in the property,
any additional facts supporting the petitioner's claim
and the relief sought, pursuant to 21 U.S.C. §
853(n)(3).
6.
After the disposition of any motion filed under Fed. R. Crim.
P. 32.2(c)(1)(A), and before a hearing on the petition,
discovery may be conducted in accordance with the Federal
Rules of Civil Procedure if the Court determines that
discovery is necessary or desirable to resolve factual
issues. When discovery ends, a party may move for summary
judgment under Federal Rule of Civil Procedure 56 pursuant to
Fed.R.Crim.P. 32.2(c)(1)(B).
7.
Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), this Preliminary
Order of Forfeiture shall become final as to the defendant at
sentencing-or at any time before sentencing if the defendant
consents, and shall be made part of the sentence and included
in the judgment.
8. The
United States shall have clear title to the subject property
following the Court's disposition of all third-party
interests, or if none, following the expiration of the period
provided in 21 U.S.C. § 853(h)(2) for the filing of
third party petitions.
9. The
Court shall retain jurisdiction to enforce this Order, and to
amend it as necessary, ...