Opinion
1:21-CR-00115
02-09-2022
UNITED STATES OF AMERICA v. LINDSEY ALLISON KERNS
DAVID THORNELOE BENJAMIN BAIN-CREED Assistant United States Attorneys LINDSEY ALLISON KERNS Defendant J. THOMAS AMBURGEY, ESQ. Attorney for Defendant
DAVID THORNELOE
BENJAMIN BAIN-CREED
Assistant United States Attorneys
LINDSEY ALLISON KERNS Defendant
J. THOMAS AMBURGEY, ESQ.
Attorney for Defendant
CONSENT ORDER AND JUDGMENT OF FORFEITURE
W. Carleton Metcalf United States Magistrate Judge
WHEREAS, the defendant, Lindsey Allison Kerns, has entered into a plea agreement (incorporated by reference herein) with the United States and has voluntarily pleaded guilty pursuant to Fed. R. Crim. P. 11 to one or more criminal offenses under which forfeiture may be ordered;
WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes property derived from or traceable to proceeds of the defendant's offense(s) herein; property involved in the offenses, or any property traceable to such property; or substitute property under 21 U.S.C. § 853(p) and Fed. R. Crim. P. 32.2(e); and is therefore subject to forfeiture pursuant to 21 U.S.C. § 853, 18 U.S.C. § 982, 18 U.S.C. § 981, and/or 28 U.S.C. § 2461(c), provided, however, that such forfeiture is subject to any and all third party claims and interests, pending final adjudication herein; the defendant waives defendant's interest, if any, in the property and agrees to the forfeiture of such interest;
WHEREAS, the defendant herein waives the requirements of Fed. R. Crim. P. 32.2 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;
WHEREAS, pursuant to Fed. R. Crim. P. 32.2(b)(1) & (c)(2), the Court finds that there is the requisite nexus between the property and the offense(s) to which the defendant has pleaded guilty and that the defendant has a legal or possessory interest in the property;
WHEREAS, the defendant withdraws any claim previously submitted in response to an administrative forfeiture or civil forfeiture proceeding concerning any of the property described below. If the defendant has not previously submitted such a claim, the defendant hereby waives all right to do so. If any administrative forfeiture or civil forfeiture proceeding concerning any of the property described below has previously been stayed, the defendant hereby consents to a lifting of the stay and consents to forfeiture;
WHEREAS, the undersigned United States Magistrate Judge is authorized to enter this Order by the previous Order of this Court No. 3:05MC302-C (September 8, 2005);
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
The following property is forfeited to the United States:
• A forfeiture money judgment in the amount of $1,088,554.99, such amount constituting the proceeds of the offenses and property involved in the offenses to which defendant pled guilty;
• The following vehicles that Defendant purchased and gave to friends, and that Defendant has agreed to assist the Government in retrieving:
o one 2019 Chevrolet Silverado purchased on or about June 26, 2019 by Kerns;
o one 2019 Toyota Tacoma purchased on or about June 26, 2019 by Kerns; and
• The following utility vehicles:
o one 2019 Polaris utility vehicle, purchased on or about July 1, 2019; and
o one 2019 Polaris utility vehicle, purchased on or about July 19, 2019.
The United States Marshal and/or other property custodian for the investigative agency is authorized to take possession and maintain custody of the above-described tangible property.
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 this forfeiture.
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.
Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this Order of Forfeiture, the United States Attorney's Office is authorized to conduct any discovery needed to identify, locate or dispose of the property, including depositions, interrogatories, requests for production of documents and to issue subpoenas, pursuant to Fed.R.Civ.P. 45.
Following the Court's disposition of all timely petitions filed, a final order of forfeiture shall be entered as provided by Fed. R. Crim. P. 32.2(c)(2). If no third party files a timely petition, this order shall become the final order and judgment 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. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), the defendant consents that this order shall be final as to defendant upon filing.