Opinion
Criminal Case No. 11-cr-00358-CMA
04-30-2012
UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY PAUL BREAUX, Defendant.
Judge Christine M. Arguello
FINAL ORDER OF FORFEITURE AND FORFEITURE MONEY JUDGMENT
This matter is before the Court on the United States' Motion for Final Order of Forfeiture and Forfeiture Money Judgment (Doc. # 40). The Court having reviewed said Motion, FINDS:
THAT the United States commenced this action pursuant to 18 U.S.C. § 982, as set forth in the Indictment returned on September 1, 2011;
THAT a Preliminary Order of Forfeiture was entered on January 26, 2012, forfeiting defendant Anthony Paul Breaux's interest in the following property ("subject property"):
a. A money judgment in the amount of $3,417,376.27, representing the amount of proceeds obtained by the defendant, less the amount of proceeds forfeited as a result of directly traceable assets identified below;
b. Real property located at 333 33½ Road, Palisade, Colorado;
c. $506,893.12 in U.S. Currency seized pursuant to Civil Seizure Warrant No. 11-mc-0071;
d. $49,411.50 in U.S. Currency seized pursuant to Civil Seizure Warrant No. 11-mc-0074;
e. $15,378.77 in U.S. Currency seized pursuant to Civil Seizure Warrant No.11-mc-0073;
f. $12,334.36 in U.S. Currency seized pursuant to Civil Seizure Warrant No. 11-mc-0079;
g. $10,000.00 in U.S. Currency seized pursuant to Civil Seizure Warrant No. 11-mc-0076;
h. One 2010 Nissan GT-R Premium, VIN JN1AR5EF0AM231093 seized pursuant to Civil Seizure Warrant No. 11-mc-0078;
i. One 2010 GMC Sierra, VIN 3GTRKXE29AG202983 seized pursuant to Civil Seizure Warrant No. 11-mc-0077;
j. One 2007 Sierra pickup truck, VIN 1GTEK19JX7Z618062;
k. One 2011 KZ Spree 318BHS travel trailer, VIN 4EZTP3123B8062733;
l. $6,169.02 U.S. Currency from United Services Automobile Association Account No. 11803359;
m. 3 ounces of gold;
n. Approximately 110 ounces of silver coins; and
o. $166,839.62 in United States Currency;
THAT all known interested parties were provided an opportunity to respond and that publication has been effected as required by 21 U.S.C. § 853(n);
THAT the United States and Petitioners Thomas and Marcia Dyer have entered into a Stipulated Expedited Settlement Agreement, settling Petitioners' lienhold interest in the subject real property;
THAT Petitioners Thomas and Marcia Dyer have no interest in any of the other subject property;
THAT no Petition for Ancillary Hearing has been filed as to the subject property, and the time for so doing expired on April 23, 2012;
THAT it further appears there is cause to issue a forfeiture order under 18 U.S.C. § 982.
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT judgment of forfeiture of the subject property described above shall enter in favor of the United States pursuant to 18 U.S.C. § 982, free from the claims of any other party;
THAT the United States shall have full and legal title to the forfeited property and may dispose of it in accordance with law; and
THAT a Forfeiture Money Judgment against Defendant Anthony Paul Breaux in the amount of $3,417,376.27 shall be entered in accordance with 18 U.S.C. § 982.
BY THE COURT:
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CHRISTINE M. ARGUELLO
United States District Judge