Opinion
18-CR-526 (VEC)
01-09-2024
UNITED STATES OF AMERICA, v. TOMAS COLON, Defendant.
ORDER
VALERIE CAPRONI, United States District Judge:
WHEREAS on August 4, 2023, Mr. Colon pled guilty to Count 1 of the Superseding Indictment, see Order, Dkt. 402;
WHEREAS on December 1, 2023, the Court entered a preliminary order of forfeiture as to specific property, see Forfeiture Order, Dkt. 422;
WHEREAS the Forfeiture Order required any person, other than the Defendant, claiming interest in the specific property to “file a Petition within sixty (60) days from the first day of publication of the Notice on [the] official government internet website, or no later than thirty-five (35) days from the mailing of actual notice, whichever is earlier,” see id. ¶ 7; and
WHEREAS on January 5, 2024, third parties King's Discount and 99 Cent Store (“King's”) and Envio de Valores La Nacional, Corp. (“La Nacional”) filed petitions for a hearing pursuant to 21 U.S.C. § 853(n) to adjudicate the validity of their alleged interests in the specific property.
IT IS HEREBY ORDERED that by no later than Friday, January 19, 2024, the Government must respond to the petitions. Any reply must be filed not later than Friday, January 26, 2024.
IT IS FURTHER ORDERED that the Court will hold a hearing on the petitions on Thursday, February 1, 2024, at 2:00 P.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007.
IT IS FURTHER ORDERED that the Government serve a copy of this Order on King's and La Nacional and file proof of service by no later than Friday, January 12, 2024.
IT IS FURTHER ORDERED that, by no later than Wednesday, January 17, 2024, counsel for King's and La Nacional must file notices of appearance via ECF.
SO ORDERED.