Opinion
Criminal Case No. 10-cr-00317-REB
09-19-2012
UNITED STATES OF AMERICA, Plaintiff, v. 2. RICHARD KELLOGG ARMSTRONG, Defendant.
Judge Robert E. Blackburn
FINAL ORDER OF FORFEITURE
THIS MATTER comes before the Court on the United States' Motion for Final Order of Forfeiture [#597] filed September 19, 2012. The Court having reviewed said Motion FINDS:
THAT the United States commenced this action pursuant 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), and 28 U.S.C. § 2461(c), as set forth in the Superseding Indictment returned on February 15, 2011;
THAT a Preliminary Order of Forfeiture was entered on June 25, 2012;
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 time for any other third-party to file a petition expired on September 13, 2012;
THAT, as of September 19, 2012, no Petition for Ancillary Hearing has been filed by any petitioner;
THAT it further appears there is cause to issue a forfeiture order under 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), and 28 U.S.C. § 2461(c).
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT judgment of forfeiture shall enter as to the following:
a. $1,637,481.61 money judgment, representing the amount of proceeds obtained by the defendant, less any funds obtained from the forfeiture of directly traceable assets;in favor of the United States pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), and 28 U.S.C. § 2461(c), free from the claims of any other party;
b. real property, including all attachments and fixtures thereto, located at 14255 Harvest Mile Road, Brighton, Colorado;
c. one-half undivided interest in and to the real property, including all attachments and fixtures thereto, located at 30 Perkins Drive, Prescott, Arizona, with one-half interest being remitted to the holder with a superior right, title, and interest; and
d. Beech Aircraft A36, FAA Registration Number N5509Y, Serial Number E-2527
THAT the United States shall have full and legal title and may dispose of it in accordance with law the following:
a. real property, including all attachments and fixtures thereto, located at 14255 Harvest Mile Road, Brighton, Colorado;
b. real property, including all attachments and fixtures thereto, located at 30 Perkins Drive, Prescott, Arizona, with the remaining unforfeited one-half in net proceeds being remitted to the party with a superior right, title, and interest in that one-half interest; and
c. Beech Aircraft A36, FAA Registration Number N5509Y, Serial Number E-2527.
BY THE COURT:
Robert E. Blackburn
United States District Judge