Opinion
Criminal Docket. No. 00-CR-251(DNH)
February 15, 2002
FINAL ORDER OF FORFEITURE
WHEREAS, on June 21, 2001, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 21 U.S.C. § 853, based upon evidence already in the record, including defendant's plea on the record on March 30, 2001, his admission of the illegal acts in Counts "1" and "7" of Indictment No. 00-CR-251 and his admissions of the forfeiture allegations; and
WHEREAS, on September 20, 2001, the United States gave direct notice of this forfeiture action to LaDonna Pugh, a person who may have an interest in the properties set forth in the Preliminary Order of Forfeiture filed with the Court on June 21, 2001, and
WHEREAS, on July 6, 2001, July 13, 2001 and July 20, 2001, the United States published in the Utica Daily Press, Utica, New York, a newspaper of general circulation notice of this forfeiture and of the intent of the United States to dispose of the properties in accordance with the law and further notifying all third parties of their right to petition the Court within thirty (30) days for a hearing to adjudicate the validity of their alleged legal interest in the properties; and
WHEREAS, on October 23, 2001, upon the request of Petitioner LaDonna Pugh, the Government extended the time for LaDonna Pugh to file her ancillary petition to October 31, 2001; and
WHEREAS, on October 24, 2001, Petitioner, LaDonna Pugh, filed an ancillary petition alleging her interest in the following properties:
(a) $492.00 in United States Currency of the $1,356 in U.S. Currency set forth in the 6/21/01 Preliminary Order of Forfeiture, and(b) one Sharp View Camera with accessories.
Based on the evidence presented, Petitioner has established, by a preponderance of the evidence, that she has a superior right, title or interest in the $492.00 in United States Currency and the Sharp View Camera with accessories.
It should be noted that Ms. Pugh is seeking return of "jewelry from a green container". This property is not part of the 6/21/01 Preliminary Order of Forfeiture, is not subject to forfeiture and will not be addressed in this Final Order.
NOW THEREFORE, IT IS HEREBY ORDERED ADJUDGED AND DECREED THAT:
1. That the right, title and interest to the properties below mentioned, by the defendant, PAUL FRANCIS, are hereby condemned, forfeited and vested in the United States of America, and shall be disposed of in accordance with law pursuant to Title 21, United States Code, Section 853:
(a) $864 in U.S. Currency
(c) Nokia Cellular Telephone;
(b) Lorcin pistol, Model # 380, Serial #356770, w/loaded clip;(d) Three pagers; and (e) Winchester Ammunition Box
2. That the sum of $492.00 in United States Currency (the U.S. Currency amount of Ms. Pugh's accepted claim) shall be deducted from the $1,356 in United States Currency (the original amount of U.S. Currency). This $492 in United States Currency shall be returned to petitioner, LaDonna Pugh, together with Sharp View Camera with accessories, with the remaining $864.00 forfeited to the United States.
3. That any and all forfeited funds, including but not limited to currency, currency equivalents and certificates of deposit, as well as any income derived as a result of the United States Marshals management of any property forfeited herein, and the proceeds from the sale of any forfeited property, after the payment of costs and expenses incurred in connection with the forfeiture, sale and disposition of the forfeited property, shall be deposited forthwith by the United States Marshal into the Department of Justice Assets Forfeiture Fund in accordance with 28 U.S.C. § 524(c) and 21 U.S.C. § 881(e).
3. The Court shall retain jurisdiction to enter any orders necessary to amend or enforce this order.
4. The Clerk is hereby directed to send copies of this Order to all counsel of record.