Opinion
2:22-CR-00209-DAD
01-06-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA KLOMP, Defendant.
PHILLIP A. TALBERT UNITED STATES ATTORNEY SAM STEFANKI ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR PLAINTIFF UNITED STATES OF AMERICA
PHILLIP A. TALBERT UNITED STATES ATTORNEY SAM STEFANKI ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR PLAINTIFF UNITED STATES OF AMERICA
PRELIMINARY ORDER OF FORFEITURE
Based upon defendant Joshua Klomp's guilty plea and admission to the forfeiture allegation in the indictment, it is hereby ordered, adjudged and decreed as follows:
Pursuant to 18 U.S.C. § 2253(a), defendant Joshua Klomp's interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:
1. One ZTE cellular telephone, Model Z836BL, bearing identification number 320475541094, and
2. One Alcatel One Touch cellular telephone, Model 3020D, bearing identification number 013816000509327.
The above-listed property was used or intended to be used to commit and to promote the commission of a violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). Accordingly, pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the Attorney General (or a designee) is authorized to seize the above-listed property. The above-listed property shall be seized and held by the U.S. Marshals Service, in its secure custody and control.
Pursuant to 18 U.S.C. § 2253(b), incorporating 21 U.S.C. § 853(n), and Local Rule 171, the United States shall publish notice of this order of forfeiture. Notice of this order and notice of the Attorney General's (or a designee's) intent to dispose of the property in such manner as the Attorney General may direct shall be posted for at least thirty consecutive days on the official internet government forfeiture website, which is available to the public at www.forfeiture.gov. The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture, as a substitute for published notice as to those persons so notified.
This notice shall state that any person, other than the defendant, asserting a legal interest in the above-listed property, must file a petition with the Court within sixty days from the first day of publication of the Notice of Forfeiture posted on the official government forfeiture website, or within thirty days from receipt of direct written notice, whichever is earlier.
If such a petition is timely filed, upon adjudication of all third-party interests, if any, the Court will enter a final order of forfeiture pursuant to 18 U.S.C. § 2253(a), in which all interests in the abovelisted property will be addressed.
IT IS SO ORDERED.