Opinion
CRIMINAL 2:22-cr-00522-BHH-1
02-01-2024
UNITED STATES OF AMERICA v. ROY MICHAEL LIMEHOUSE
PRELIMINARY ORDER OF FORFEITURE
AS TO ROY MICHAEL LIMEHOUSE
BRUCE H. HENDRICKS, UNITED STATES DISTRICT JUDGE
This matter is before the court on the motion of the United States for a Preliminary Order of Forfeiture as to Defendant Roy Limehouse, (“Limehouse”, “Defendant”), based upon the following:
1. On June 15, 2022, an Indictment, (“Indictment”) was filed charging Limehouse with:
Count 1: Sponsoring and exhibiting animals, namely roosters, in an animal fighting venture and did aid and abet others in the commission of this offense, in violation of 7 U.S.C. § 2156(a)(1), and 18 U.S.C. §§ 2 and 49;
Count 2: Conducting an illegal gambling business and aiding and abetting others in the commission of this offense, in violation of 18 U.S.C. §§ 1955(a) and 2;
Count 3: Conspiracy to sponsor and exhibit an animal in an animal fighting venture, in violation of 18 U.S.C. § 371.
2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a forfeiture allegation providing that, upon Limehouse's conviction, certain properties enumerated therein, or equivalent substitute assets, would be subject to forfeiture to the United States. As specified therein, such assets include, but are not limited to, the following
(1) Forfeiture Judgment/Proceeds:
A sum of money equal to all proceeds the Defendants obtained directly or indirectly as the result of the offenses charged in this Indictment, and all interest and proceeds traceable thereto, and/or that such sum equals all property derived from or traceable to their violation of 18 U.S.C. § 1955.
(2) Real Property:
166 Clayton Ln.
Ridgeville, South Carolina 29472
Titled in the name of: Roy Michael Limehouse Parcel Number: 133-00-00-170.001
The government is not pursuing a forfeiture judgment against this Defendant.
3. On August 3, 2023, a Bill of Particulars was filed with the court regarding property alleged in the Indictment filed June 15, 2022, as also being subject to forfeiture to the United States. Such property includes:
166 Clayton Lane
Ridgeville, South Carolina 29472
The government has reached an agreement with the defendant wherein he will forfeit $22,500.00 in lieu of forfeiture of the real property. The Defendant will pay $10,000.00 at sentencing and shall make monthly payments of $500.00 for 25 months.
ALL that certain piece, parcel, or tract of land, situate, lying and being in DORCHESTER County, South Carolina, measuring and containing One Hundred Sixteen and no/100 (116.00) acres, more or less and being more particularly shown and delineated as Tract “B” on a Plat entitled “Boundary Survey of 227.00 Acres Being TMS 133-00-00-060 Located in Givhans Surveyed and Subdivided at the Request of Tract “A” --- 111.00 Acres --- John W. Limehouse, Jr., Tract “B” --- 116.00 Acres --- Roy Michael Limehouse” by J. Hugh Campbell, Jr., R.L.S, October 31, 1994 and to be recorded simultaneously herewith in the R.M.C. Office for Dorchester County in Plat Cabinet I, Slide 330. Said tract having such size, shape, form, marks, courses, distances, buttings, boundings and content as will, by reference to said Plat, more fully appear.
THIS being a portion of the property devised to the Grantor herein by and under the Estate of Anna F. Hughes filed in the Office of Probate Court for Dorchester County in Estate File #86ES1800210.
TMS #: 133-00-00-060 & 133-00-00-170.001
4. On September 6, 2023, Roy Limehouse signed a plea agreement, agreeing to forfeiture, and entered a plea of guilty to Count 1 of the Indictment.
5. Based upon Defendant's conviction, the court has determined that the property described above is subject to forfeiture, pursuant to 7 U.S.C. § 2156(f) and 28 U.S.C. § 2461(c).
6. The court has determined that the government has established the requisite nexus between the said property subject to forfeiture and the offense for which Limehouse has been convicted; therefore, the United States is entitled to a preliminary order of forfeiture, subject to the provisions of 21 U.S.C. § 853 governing third party rights.
Accordingly, it is hereby ORDERED,
1. The below-described property, and all right, title, and interest of the Defendant, Roy Michael Limehouse, in and to such property, is hereby forfeited to the United States of America, for disposition in accordance with law, subject to the rights of third parties in such property under 21 U.S.C. § 853(n):
Cash/United States Currency:
$22,500.00 in United States Currency in lieu of the real property located at 166 Clayton Lane, Ridgeville, SC 29472. Payable as a $10,000 payment at sentencing with monthly installment payments of $500 for 25 months.
2. Upon entry of this Order, the United States Attorney is authorized to conduct proper discovery in identifying, locating, or disposing of the described property, or other substitute assets, in accordance with Fed. R. Crim. P. 32.2(b)(3); and to commence proceedings that comply with statutes governing third party rights, if applicable.
3. The United States shall publish notice of this Order and its intent to dispose of the personal property in such manner as the Attorney General may direct. The United States may also, to the extent practicable, provide written notice to any person known to have an alleged interest in the said property.
4. Upon entry of this Order, the United States is authorized to seize the above described property as directed by the United States Attorney's Office and to commence proceedings that comply with statutes governing third party rights.
5. Any person, other than the named Defendant, asserting a legal interest in the subject property may, within thirty days of the final publication of notice or receipt of notice, whichever is earlier, petition the court for a hearing without a jury to adjudicate the validity of his alleged interest in the subject property and for an amendment of the order of forfeiture, pursuant to 21 U.S.C. § 853(n)(6) and Fed. R. Crim. P. 32.2(c).
6. Any petition filed by a third party asserting an interest in the above-described property 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 subject property, the time and circumstances of the petitioner's acquisition of the right, title or interest in such property, and additional facts supporting the petitioner's claim and the relief sought.
7. After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual issues.
8. The United States shall have clear title to the property following the court's determination of all third-party interests, or, if no petitions are filed, following the expiration of the period provided in 21 U.S.C. § 853(n)(2) for the filing of third-party petitions.
9. The court shall retain jurisdiction to resolve disputes which may arise and to enforce and amend this Order as necessary, pursuant to Fed. R. Crim. P. 32.2(e).
10. Upon entry of the criminal judgment, this Order becomes final as to Defendant, and shall be made a part of the sentence and included in the criminal judgment.
11. The Clerk, United States District Court, shall provide one (1) certified copy of this Order to the United States Attorney's Office.
AND IT IS SO ORDERED.