Opinion
Criminal Case No. 11-cr-00117-WYD
06-15-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. GERALD R. RISING, JR., a/k/a Gerry Rising, Defendant.
Chief Judge Wiley Y. Daniel
FINAL ORDER OF FORFEITURE
THIS MATTER comes before the Court on the United States' Motion for Final Order of Forfeiture, filed June 14, 2012 [ECF No. 72]. The Court having reviewed said Motion FINDS:
THAT the United States commenced this action pursuant to 18 U.S.C. § 982, as set forth in the Indictment returned on April 4, 2011;
THAT a Forfeiture Money Judgment and Preliminary Order of Forfeiture of Substitute Assets was entered on February 15, 2012 (Doc. 52);
THAT all known interested parties were provided an opportunity to respond and that publication has been effected as required by 21 U.S.C. § 853(n);
THAT, as of June 14, 2012, no Petition for Ancillary Hearing has been filed by any petitioner;
THAT it further appears there is cause to issue a forfeiture order under 18 U.S.C. § 982, 21 U.S.C. § 853(p), and Fed. R. Crim. P. 32.2(c)(2).
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT judgment of forfeiture of the following: a. $154,500.00 in lieu of the real property located at 7670 East Phillips Circle, Centennial, Colorado; b. all funds held in Morgan Smith Barney Account # 503-6670E, as a substitute asset for a money judgment; c. all funds held in Morgan Smith Barney Account # 503-6672E, as a substitute asset for a money judgment; and d. $24,500 in lieu of the 2008 Lexis GX470 shall enter in favor of the United States pursuant to 18 U.S.C. § 982, 21 U.S.C. § 853(p), and Fed. R. Crim. P. 32.2(c)(2) free from the claims of any other party;
THAT the United States shall have full and legal title to the forfeited subject property and may dispose of it in accordance with law.
BY THE COURT:
__________________
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE