Opinion
23-CR-0177-RSH
10-23-2024
UNITED STATES OF AMERICA, Plaintiff, v. THEODORE E. ESSENFELD, Defendant
PRELIMINARY ORDER OF CRTMTNAL FORFEITURE
HONORABLE ROBERT S. HUIE, UNITED STATES DISTRICT JUDGE
WHEREAS, in the Superseding Indictment, the United States sought forfeiture of all right, title, and interest in all properties of Defendant THEODORE E. ESSENFELD (“Defendant”), pursuant to Title 18, United States Code, Section 982(aX2XB) as all property constituting and derived from proceeds obtained directly or indirectly as a result of the violations and any personal property used and intended to be used to commit the commission of the offenses, in violation of Title 18, United States Code, Sections 1028(aX7) and 1028(bX2XB) as charged in Count 2 of the Superseding Indictment; and, WHEREAS, on or about June 14, 2024, after jury trial, Defendant was found guilty of Counts 1 and 2 of the Superseding Indictment;
WHEREAS, Defendant consented to the forfeiture of the specific properties involved in Counts 1 through 2 as further described as:
1. Facebook Account assigned Facebook ID 100058110700593;
2. Linkedln Account assigned Linkedln ID 273b6021 a;
3. Boost Pre-Paid Phone assigned to phone # (750) ###-1942;
4. Yahoo account-1 bearing Victim A's first name and last name;
5. Yahoo account-2 bearing Victim A's nickname and last name; and
6. Black Samsung Galaxy S9IMEI# 356915093754785.
WHEREAS, the United States has established the requisite nexus between the above-described properties and the offenses of conviction, and the Court hereby orders the forfeiture to the United States of the properties pursuant to Title 18, United States Code, Section 982(a)(2)(B) and
WHEREAS, by virtue of the guilty verdict, the United States is now entitled to possession of the above-referenced properties, pursuant to Title 18, United States Code, Section 982(a)(2)(B), and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and
WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the above-described properties which are hereby found forfeitable by the Court; and
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Based upon the guilty verdict to Counts 1 and 2 of the Superseding Indictment, The United States is hereby authorized to take custody and control of all specific properties, and right, title and interest of Defendant THEODORE E. ESSENFELD in the specific properties are hereby forfeited to the United States pursuant to Title 18, United States Code, Section 982(a)(2)(B), for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):
1. Facebook Account assigned Facebook ID 100058110700593;
2. Linkedln Account assigned Linkedln ID 273b6021 a;
3. Boost Pre-Paid Phone assigned to phone # (750) ###-1942;
4. Yahoo account-1 bearing Victim A's first name and last name;
5. Yahoo account-2 bearing Victim A's nickname and last name; and
6. Black Samsung Galaxy S9IMEI# 356915093754785.
2. The properties are to be held by the United States Naval Criminal Investigative Service in its secure custody and control.
3. Pursuant to Rule 322(b) and (c), the United States is hereby authorized to begin proceedings consistent with any statutory requirements pertaining to ancillary hearings and rights of third parties as to the two cellular telephones only. The Court shall conduct ancillary proceedings as the Court deems appropriate only upon the receipt of timely third-party petitions filed with the Court and served upon the United States. The Court may determine any petition without the need for further hearings upon the receipt of the Government's response to any petition. The Court may enter an amended order without further notice to the parties.
4. Pursuant to the Attorney General's authority under Section 853(n)(1) of Title 21, United States Code, Rule 322(bX6), Fed. R. Crim. P., and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the United States forthwith shall publish for thirty (30) consecutive days on the Government's forfeiture website, www.forfeiture.gov, notice of this Order, notice of the United States' intent to dispose of the properties in such manner as the Attorney General may direct, and notice that any person, other than the Defendant, having or claiming a legal interest in the above-listed forfeited properties must file a petition with the Court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier.
5. This notice shall state that the petition shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the properties, shall be signed by the petitioner under penalty of perjury, and shall set forth the nature and extent of the petitioner's right, title or interest in the forfeited properties and any additional facts supporting the petitioner's claim and the relief sought.
6. The United States must also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the properties that is the subject of the Preliminary Order of Criminal Forfeiture, as a substitute for published notice as to those persons so notified.
7. Upon adjudication of all third-party interests, this Court will enter an Amended Order of Forfeiture pursuant to 21 U.S.C. § 853(n) as to the aforementioned assets, in which all interests will be addressed.
8. Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final as to the Defendant at the time of sentencing and is part of the sentence and included in the judgment.
IT IS SO ORDERED.