Opinion
Case No. 3:05CR153.
March 15, 2006
PRELIMINARY ORDER OF FORFEITURE
IT IS HEREBY ORDERED THAT:
1. As the result of the guilty plea on Count 1 of the Indictment, pursuant to 18 U.S.C. § 2253, that the defendant shall forfeit to the United States all property used or intended to be used in any manner or part to commit or facilitate the commission of the offense.
2. The Court has determined, based on the evidence already in the record, that the following property is subject to forfeiture pursuant to 18 U.S.C. § 2253, that the defendant has an interest in said property, and that the Government has established the requisite nexus between the property and such offenses:
a. 3 Discs
b. 1 CD-R-Disc
c. 1 CPU CH Custom Computer
d. 2 CDs/Discs
e. 19 Floppy Discs
f. 5 CDs
3. Upon the entry of this Order, the Attorney General (or a designee) is authorized to seize said property, and to conduct any discovery proper in identifying, locating or disposing of the property subject to forfeiture, in accordance with Fed.R.Crim.P. 32.2(b)(3).
4. Upon entry of this Order, the United States Attorney General (or a designee) is authorized to commence any applicable proceeding to comply with statutes governing third party rights, including giving notice of this Order.
5. The United States shall publish notice of the order and its intent to dispose of the property in such a manner as the United States Attorney General (or a designee) may direct. The United States may also, to the extent practicable, provide written notice to any person known to have an alleged interest in the Subject Property.
6. Pursuant to Title 18, United States Code, Section 2253 (m)(2), you must, WITHIN THIRTY (30) DAYS of receipt of this notice, petition the United States District Court for the Southern District of Ohio for a hearing to adjudicate the validity of your alleged legal interest in these properties. If a hearing is requested, it shall be held before the Court alone, without a jury.
7. The Petition must be signed by the petitioner under penalty of perjury, and shall set forth the nature and extent of your right, title, or interest in the property, the time and circumstances of your acquisition of the right, title, or interest in the property, any additional facts supporting your claim, and the relief sought.
8. The Petition shall be filed with the United States District Court Clerk for the Southern District of Ohio at 702 Federal Building, 200 West Second Street, Dayton, Ohio 45402. A copy of the petition also shall be served upon the United States to the United States Attorney Gregory G. Lockhart, United States Attorney's Office, 602 Federal Building, 200 West Second Street, Dayton, Ohio 45402.
9. Pursuant to Title 18, United States Code, Section 2253(m)(2), neither the Defendant in the above styled case nor his agent(s) are entitled to file a Petition.
10. 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 upon a showing that such discovery is necessary or desirable to resolve factual issues.
11. You have the right at the hearing to testify and present evidence and witnesses on your own behalf and cross-examine witnesses who appear at the hearing.
12. IF YOU FAIL TO FILE A PETITION TO ASSERT YOUR RIGHT, TITLE, OR INTEREST IN ANY OF THE ABOVE-DESCRIBED PROPERTIES WITHIN THIRTY (30) DAYS OF THIS NOTICE, YOUR RIGHT, TITLE, AND INTEREST IN THAT PROPERTY SHALL BE LOST AND FORFEITED TO THE UNITED STATES. THE UNITED STATES THEN SHALL HAVE CLEAR TITLE TO THE PROPERTIES HEREIN DESCRIBED AND MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT PURCHASER OR TRANSFEREE.
13. Pursuant to Fed.R.Crim.P. 32.2(b)(3), this Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed.R.Crim.P. 32.2(c)(2).
14. 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 18 U.S.C. § 2253(m)(2) for the filing of third party petitions.
15. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed.R.Crim.P. 32.2(e).
SO ORDERED.