Opinion
20cr1565-WQH
04-08-2021
UNITED STATES OF AMERICA, Plaintiff, v. LAVONTE GREEN (4), Defendant.
PRELIMINARY ORDER OF CRIMINAL FORFEITURE
Hon. William Q. Hayes United States District Court
WHEREAS, in the Superseding Indictment in the above-captioned case, the United States sought forfeiture of all right, title and interest in specific properties of Defendant LAVONTE GREEN (4) (“Defendant”), pursuant to Title 18, United States Code, Sections 924(d) and 981(a)(1)(C), and Title 28 United States Code, Section 2461(c), as properties involved in the violation of Title 18, United States Code, Section 1951 - Conspiracy to Interfere With Commerce by Robbery; Title 18, United States Code, Section 1951 - Interference and Attempted Interference With Commerce by Robbery; Title 18, United States Code, Section 2 - Aiding and Abetting, as charged in the Superseding Indictment; and
WHEREAS, on or about December 8, 2020, Defendant pled guilty before Magistrate Judge William V. Gallo to Counts 1, 2, 3, 4 and 6 of the Superseding Indictment, consented to the forfeiture allegations of the Superseding Indictment, and agreed to forfeit "all property(ies) seized in connection with this case," including the following, which Defendant admitted were properties involved in the offenses to which he entered his guilty pleas, and forfeitable pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c): :
1) One Daisy Model 340 pellet gun;
2) One Daisy Powerline AZ340 pellet gun;
3) One UMAREX 40XP pellet gun;
4) One Crosman 1088 pellet gun
5) One Ruger LCP Centerfire Model 3701 firearm; and
6) $916.00 in U.S. Currency; and
WHEREAS, also seized in this case was $165.00 in counterfeit currency, associated with Defendant; and
WHEREAS, on January 4, 2021 this Court accepted the guilty pleas of Defendant; and
WHEREAS, by virtue of the facts set forth in the plea agreement and financial addendum, the United States has established the requisite nexus between the forfeited properties and the offense; and
WHEREAS, by virtue of said guilty pleas, the United States is now entitled to possession of the above-referenced properties, pursuant to 18 U.S.C. § 924(d), 28 U.S.C. § 2461(c), and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and
WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the above-referenced properties which were found forfeitable by the Court; and
WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED;
1. Based upon the guilty pleas of the Defendant, the United States is hereby authorized to take custody and control of the following assets, and all right, title and interest of Defendant LA VONTE GREEN (4) in the following properties are hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):
1) One Daisy Model 340 pellet gun;
2) One Daisy Powerline AZ340 pellet gun;
3) One UMAREX 40XP pellet gun;
4) One Crosman 1088 pellet gun
5) One Ruger LCP Centerfire Model 3701 firearm; and
6) $916.00 in U.S. Currency.
2. The aforementioned forfeited assets are to be held by the Federal Bureau of Investigation in its secure custody and control.
3. Pursuant to Rule 32.2(b) and (c), the United States is hereby authorized to begin proceedings consistent with any statutory requirements pertaining to ancillary hearings and rights of third parties. The Court shall conduct ancillary proceedings as the Court deems appropriate only upon the receipt of timely third party petitions filed with the Court and served upon the United States. The Court may determine any petition without the need for further hearings upon the receipt of the Government's response to any petition. The Court may enter an amended order without further notice to the parties.
4. Pursuant to the Attorney General's authority under Section 853(n)(1) of Title 21, United States Code, Rule 32.2(b)(6), Fed. R. Crim. P., and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the United States forthwith shall publish for thirty (30) consecutive days on the Government's forfeiture website, www.forfeiture.gov, notice of this Order, notice of the United States' intent to dispose of the properties in such manner as the Attorney General may direct, and notice that any person, other than the Defendant, having or claiming a legal interest in the above-listed forfeited properties must file a petition with the Court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier.
5. This notice shall state that the petition shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the property, shall be 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 forfeited property and any additional facts supporting the petitioner's claim and the relief sought.
6. The United States shall also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the properties that are the subject of the Preliminary Order of Criminal Forfeiture, as a substitute tor published notice as to those persons so notified.
7. Upon adjudication of all third-party interests, this Court will enter an Amended Order of Forfeiture pursuant to 21 U.S.C. § 853(n) as to the above-referenced assets, in which all interests will be addressed.
8. The $165.00 in counterfeit currency seized in connection with Defendant shall be disposed of in accordance with law.
9. Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final as to the Defendant at the time of sentencing and is part of the sentence and included in the judgment.