Opinion
2:22-CR-048-GMN-EJY
11-28-2022
UNITED STATES OF AMERICA, Plaintiff, v. STEPHEN MITCHELL RICHARDSON, Defendant.
FINAL ORDER OF FORFEITURE
GLORIA M. NAVARRO, UNITED STATES DISTRICT JUDGE
The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (b)(2) and 18 U.S.C.§ 2253(a)(1) and (a)(3) based upon the plea of guilty by Stephen Mitchell Richardson to the criminal offense, forfeiting the property set forth in the Plea Agreement and the Forfeiture Allegation of the Criminal Information and shown by the United States to have the requisite nexus to the offense to which Stephen Mitchell Richardson pled guilty. Criminal Information, ECF No. 5; Plea Agreement, ECF No. 8; Preliminary Order of Forfeiture, ECF No. 10; Arraignment & Plea, ECF No. 11.
This Court finds that on the government's motion, the Court may at any time enter an order of forfeiture or amend an existing order of forfeiture to include subsequently located property or substitute property pursuant to Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).
This Court finds the United States published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from April 27, 2022, through May 26, 2022, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication, ECF No. 12-1, p. 5.
This Court finds the United States notified known third parties by regular mail and certified mail return receipt requested of their right to petition the Court. Notice of Filing Service of Process - Mailing, ECF No. 13.
On May 2, 2022, the United States Attorney's Office served and attempted to serve Rong Richardson with copies of the Preliminary Order of Forfeiture and the Notice through regular mail and certified mail return receipt requested. The status of the certified mail is unknown as the post office has the document listed as in transit. Neither mailing was returned. Notice of Filing Service of Process - Mailing, ECF No. 13-1, p. 3, 6-20.
On May 2, 2022, the United States Attorney's Office served and attempted to serve Samuel Richardson with copies of the Preliminary Order of Forfeiture and the Notice through regular mail and certified mail return receipt requested. The status of the certified mail is unknown as the post office has the document listed as in transit. Neither mailing was returned. Notice of Filing Service of Process - Mailing, ECF No. 13-1, p. 3, 6-15, 21-24.
On May 2, 2022, the United States Attorney's Office served and attempted to serve Katherine Richardson with copies of the Preliminary Order of Forfeiture and the Notice through regular mail and certified mail return receipt requested. The status of the certified mail is unknown as the post office has the document listed as in transit. Neither mailing was returned. Notice of Filing Service of Process - Mailing, ECF No. 13-1, p. 3, 6-15, 25-28.
On June 8, 2022, the United States Attorney's Office served and attempted to serve Rong Richardson with copies of the Preliminary Order of Forfeiture and the Notice through regular mail and certified mail return receipt requested. The status of the certified mail is notice left, no authorized recipient available, and reminder to schedule redelivery. Neither mailing was returned. Notice of Filing Service of Process - Mailing, ECF No. 13-1, p. 3, 615, 29-32.
On June 8, 2022, the United States Attorney's Office served and attempted to serve Samuel Richardson with copies of the Preliminary Order of Forfeiture and the Notice through regular mail and certified mail return receipt requested. The status of the certified mail is notice left, no authorized recipient available, and reminder to schedule redelivery. Neither mailing was returned. Notice of Filing Service of Process - Mailing, ECF No. 13-1, p. 3,6-15,33-36.
On June 8, 2022, the United States Attorney's Office served and attempted to serve Katherine Richardson with copies of the Preliminary Order of Forfeiture and the Notice through regular mail and certified mail return receipt requested. The status of the certified mail is notice left, no authorized recipient available, and reminder to schedule redelivery. Neither mailing was returned. Notice of Filing Service of Process - Mailing, ECF No. 13-1, p. 4-15, 37-40.
This Court finds no petition was filed herein by or on behalf of any person or entity and the time for filing such petitions and claims has expired.
This Court finds no petitions are pending regarding the property named herein and the time has expired for presenting such petitions.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that all possessory rights, ownership rights, and all rights, titles, and interests in the property hereinafter described are condemned, forfeited, and vested in the United States pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (b)(4)(B); Fed. R. Crim. P. 32.2(c)(2); 18 U.S.C.§ 2253(a)(1) and (a)(3); and 21 U.S.C. § 853(n)(7) and shall be disposed of according to law:
1. a Lenovo laptop with a Seagate 1 TB SATA hard drive, Model No. ST1000LM035, Serial No. WDECF6CH; and
2. a Dell All in One desktop computer, Model No. Inspiron 24 series 5459, Serial No. 7BFT922 with Samsung 1 TB SATA hard drive, Model No. ST1000LM024, Serial No. S314J90GA63732(all of which constitutes property).
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the forfeited property shall be disposed of according to law.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send copies of this Order to all counsel of record.