Opinion
CRIMINAL 3:22-cr-00217
09-08-2022
UNITED STATES OF AMERICA v. ANTONIO ERRIVARES BURGOS
DENA J. KING UNITED STATES ATTORNEY DANIEL RYAN Assistant United States Attorney ANTONIO ERRIVARES BURGOS Defendant CARNELL JOHNSON Attorney for Defendant
DENA J. KING UNITED STATES ATTORNEY DANIEL RYAN Assistant United States Attorney
ANTONIO ERRIVARES BURGOS Defendant CARNELL JOHNSON Attorney for Defendant
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(C)(2)
BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT:
1. The following property is forfeited to the United States pursuant to 18 U.S.C. § 2320, 18 U.S.C. § 981(a)(1)(c), provided, however, that forfeiture of specific assets is subject to any and all third-party petitions under 21 U.S.C. § 853(n), pending final adjudication herein:
• All counterfeit sports apparel and equipment seized by law enforcement on August 8, 2021, pursuant to a search of four packages addressed to 5740 Wilgrove Mint Hill Road, Mint Hill, North Carolina;
• All counterfeit sports apparel and equipment (and materials used to make such items) seized by law enforcement from 5740 Wilgrove Mint Hill Road, Mint Hill, North Carolina on August 12,2021 and August 16, 2021; and
• All counterfeit sports apparel and equipment (and materials used to make such items) abandoned by Defendant on August 18,2021 at 5740 Wilgrove Mint Hill Road, Mint Hill, North Carolina, all more specifically identified in the attached itemized list.
2. The United States Marshals Service, the investigative agency, and/or the agency contractor is authorized to take possession and maintain custody of the above specific asset(s).
3. If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C. § 853(n), and/or other applicable law, the United States shall publish notice and provide direct written notice of forfeiture.
4. Any person, other than the Defendant, asserting any legal interest in the property may, within thirty days of the publication of notice or the receipt of notice, whichever is earlier, petition the court for a hearing to adjudicate the validity of the alleged interest.
5. Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States Attorney's Office is authorized to conduct any discovery needed to identify, locate, or dispose of the property, including depositions, interrogatories, and request for production of documents, and to issue subpoenas pursuant to Fed.R.Civ.P. 45.
6. As to any specific assets, following the Court's disposition of all timely petitions, a final order of forfeiture shall be entered. If no third-party files a timely petition, this order shall become the final order of forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2), and the United States shall have clear title to the property, and shall dispose of the property according to law.
The parties stipulate and agree that the aforementioned asset(s) constitute property derived from or traceable to proceeds of Defendant's crime(s) herein, properly used in any manner to facilitate the commission of such offense(s), and/or counterfeit items identified in 18 U.S.C. § 2323, and are therefore subject to forfeiture pursuant to 18 U.S.C. § 2323, 18 U.S.C. § 981(a)(1)(c). The Defendant hereby waives the requirements of Fed. R. Crim. P. 32.2 and 43(a) regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment against Defendant. If the Defendant has previously submitted a claim in response to an administrative forfeiture proceeding regarding any of this property, Defendant hereby withdraws that claim. If Defendant has not previously submitted such a claim, Defendant hereby waives all right to do so.