Opinion
23-CR-2312-AGS
10-21-2024
UNITED STATES OF AMERICA, Plaintiff, v. THADDEUS M. LUND JR. (3), Defendant.
PRELIMINARY ORDER OF CRIMINAL FORFEITURE
Honorable Andrew G. Schopler United States District Judge.
WHEREAS, in the Indictment, the United States sought forfeiture of all right, title, and interest in properties of Defendant TED HAYES EHR (“Defendant”), pursuant to Title 21, United States Code, Sections 853(a)(1) and 853(a)(2), as properties constituting or derived from any proceeds Defendant obtained, directly or indirectly, as a result of the offenses, and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of such offenses, as set forth in Counts 1 through 4 of the Indictment.
WHEREAS, on or about February 20,2024, Defendant pled guilty before Magistrate Judge Steve B. Chu to the offenses set forth in Count of the Indictment, charging the Defendant, in count 1, with conspiracy to distribute a controlled substance in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1), and 846. Defendant consented to the forfeiture allegations of the Indictment and agreed to forfeit, pursuant to Title 21, United States Code, Sections 853(a)(1) and (a)(2), all of Defendant's interests in all properties seized in connection with this case, and all properties listed herein. Defendant agreed that such properties are subject to forfeiture to the United States pursuant to Title 21, United States Code Sections, 853(a)(1) and (a)(2) as property constituting, or derived, from any proceeds Defendant obtained, directly, or indirectly, as the result of the offenses, and any property used, or intended to be used, in any manner or part to commit, and to facilitate the commission of the offenses. Defendant agreed to forfeit all properties seized in connection with this case, including but not limited to the following:
a. Real Property located at: 13535 Nikki Lane, Valley Center, California, 92082
APN: 129-180-60
PARCEL A:
PARCEL 4, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 8535 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 15, 1979.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, AND ACROSS THE WESTERLY 15.00 FEET OF THE NORTHERLY 1,100.96 FEET OF LOT 1 IN SECTION 25L TOWNSHIP IO SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FFICIAL PLAT THEREOF.
PARCEL C:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, AND ACROSS THE WESTERLY 20.00 FEET OF LOT 1 IN SECTION 25, TOWNSHIP IO SOUTH, RANGE 2 WESU SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE NORTHERLY 1,100.96 FEET.
PARCEL D:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, OVER, ALONG, AND ACROSS THAT PORTION OF SECTION 25 AND SECTION 24, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. BEING A STRIP OF LAND 25.00 FEET IN WIDTH THE SIDE LINES OF SAID STRIP LYING 12.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT DISTANT SOUTH 00°30'00" WEST, 13.50 FEET ON THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID SECTION 24 FROM THE SOUTHEAST CORNER THEREOF; THENCE PARALLEL TO SOUTH LINE OF
SAID SECTION 24 DISTANT 13.50 FEET SOUTH THEREOF, NORTH 89° 16'00" WEST 1,474.12 FEET TO A POINT DISTANT 13.50 FEET WEST OF THE SOUTHERLY PROLONGATION OF WEST LINE OF SOUTHEAST QUARTER OF SOUTHEAST QUARTER OF SAID SECTION 24.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN
PARCEL B HEREINABOVE DESCRIBED.
PARCEL E:
AN EASEMENT AND RIGHT OF WAY FOR ROAD OVER, ALONG, AND ACROSS THE SOUTHERLY 15.00 FEET OF THE NORTHERLY 41.00 FEET OF LOT I IN SECTION 25, TOWNSHIP IO SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT L DISTANT THEREON SOUTH 89°16'00". WEST J,210.00 FEET FROM THE NORTHEAST CORNER OF LOT I; THENCE SOUTHEASTERLY A DISTANCE OF 960.00 FEET, MORE OR LESS, TO A POINT 1,000.00 FEET WEST OF THE EAST LINE OF SAID LOT AND 400.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID LOT.
AND ALSO EXCEPTING THEREFROM THAT PORTION LYING WITH PARCEL B HEREINABOVE DESCRIBED.
PARCEL F:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG, AND ACROSS THE EASTERLY 30,00 FEET OF PARCELS 1 AND 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 6769 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 19, 1978.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SECTION 24, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
PARCEL G:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE SOUTHERLY 20.00 FEET OF PARCELS 3 AND 4, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 8582 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1979.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE NORTHERLY
PROLONGATION OF THE WESTERLY LINE OF PARCEL A HEREIN ABOVE DESCRIBED.
b. $7,481.00 in U.S. Currency;
c. 2016 Ram ProMaster City Van, CA License Plate No. 49795E1, VIN: ZFBERFBT6G6A94288;
d. Approximately 0.00757128 in Bitcoin;
e. Approximately 2.63850808 in Bitcoin;
WHEREAS, on March 21, 2024, this Court accepted the guilty plea of Defendant; and
WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the Court finds that the United States has established the requisite nexus between the properties and the offense; and, WHEREAS, by virtue of said guilty pleas, the United States is now entitled to possession of the above-referenced properties, pursuant to Title 21, United States Code, Sections 853(a)(1) and 853(a)(2), 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-referenced properties which are hereby found forfeitable by the Court; and
WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. Based upon the guilty plea of the Defendant to Counts 1 and 3 of the Indictment, the United States is hereby authorized to take custody and control of the following properties, and all right, title and interest of Defendant TED HAYES EHR in the properties are hereby forfeited to the United States pursuant to Title 21, United States Code, Sections 853(a)(1) and 853(a)(2), for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853(n):
a. Real Property located at: 13535 Nikki Lane, Valley Center, California, 92082
APN: 129-180-60
PARCEL A:
PARCEL 4, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 8535 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 15, 1979.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, AND ACROSS THE WESTERLY 15.00 FEET OF THE NORTHERLY 1,100.96 FEET OF LOT 1 IN SECTION 25, TOWNSHIP IO SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FFICIAL PLAT THEREOF.
PARCEL C:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, AND ACROSS THE WESTERLY 20.00 FEET OF LOT 1 IN SECTION 25, TOWNSHIP IO SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE NORTHERLY 1,100.96 FEET.
PARCEL D:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, OVER, ALONG, AND ACROSS THAT PORTION OF SECTION 25 AND SECTION 24, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING A STRIP OF LAND 25.00 FEET IN WIDTH THE SIDE LINES OF SAID STRIP LYING 12.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT DISTANT SOUTH 00°30'00" WEST, 13.50 FEET ON THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID SECTION 24 FROM THE SOUTHEAST CORNER THEREOF; THENCE PARALLEL TO SOUTH LINE OF SAID SECTION 24 DISTANT 13.50 FEET SOUTH THEREOF, NORTH 89° 16'00" WEST 1,474.12 FEET TO A POINT DISTANT 13.50 FEET WEST OF THE SOUTHERLY PROLONGATION OF WEST LINE OF SOUTHEAST QUARTER OF SOUTHEAST QUARTER OF SAID SECTION 24.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN
PARCEL B HEREINABOVE DESCRIBED.
PARCEL E:
AN EASEMENT AND RIGHT OF WAY FOR ROAD OVER, ALONG, AND ACROSS THE SOUTHERLY 15.00 FEET OF THE NORTHERLY 41.00 FEET OF LOT I IN SECTION 25, TOWNSHIP
IO SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN,IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT L DISTANT THEREON SOUTH 89°16'00". WEST, 1,210.00 FEET FROM THE NORTHEAST CORNER OF LOT L THENCE SOUTHEASTERLY A DISTANCE OF 960.00 FEET, MORE OR LESS, TO A POINT 1,000.00 FEET WEST OF THE EAST LINE OF SAID LOT AND 400.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID LOT.
AND ALSO EXCEPTING THEREFROM THAT PORTION LYING WITH PARCEL B HEREINABOVE DESCRIBED.
PARCEL F:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG, AND ACROSS THE EASTERLY 30.00 FEET OF PARCELS 1 AND 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 6769 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 19, 1978.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SECTION 24, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
PARCEL G:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE SOUTHERLY 20.00 FEET OF PARCELS 3 AND 4, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 8582 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1979.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE NORTHERLY
PROLONGATION OF THE WESTERLY LINE OF PARCEL A HEREIN
ABOVE DESCRIBED.
b. $7,481.00 in U.S. Currency;
c. 2016 Ram ProMaster City Van, CA License Plate No. 49795E1, VIN: ZFBERFBT6G6A94288;
d. Approximately 0.00757128 in Bitcoin;
e. Approximately 2.63850808 in Bitcoin;
2. The aforementioned forfeited assets are to be held by the Drug Enforcement Administration and the United States Marshals Service in its secure custody and control.
3. Pursuant to Rule 32.2(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. 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 32.2(b)(6), 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 specific 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 specific 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 specific 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 specific properties and any additional facts supporting the petitioner's claim and the relief sought.
6. The United States shall also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the specific properties that are 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 Title 21, United States Code, Section 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 judgement.
IT IS SO ORDERED.