Opinion
AMENDED ORDER OF CRIMINAL FORFEITURE
LARRY ALAN BURNS, District Judge.
On May 11, 2012, this Court entered its Preliminary Order of Criminal Forfeiture, which condemned and forfeited to the United States all right, title and interest of DONALD VANGUNDY (1) ("Defendant") in the properties listed in the Information, namely,
1) Apple Store Gift Card No. 6065061781587298;
2) Lowe's Gift Card No. 6006491741891822021;
3) Blue Ellsworth bicycle with Fox F29 forks;
4) White model airplane, tail no. N7282F;
5) Set of white model airplane wings;
6) Model airplane, white with red bottom;
7) Rear model airplane with white and blue sides;
8) Set of red and white model airplane wings;
9) ASUS Laptop Model G50V with power cord, serial no. 87NOAS17885228A;
10) Mac Book Air Super Drive, serial no. W880712117K;
11) iPad with power cord, serial no. GB045BD173A;
12) Mac Book Air Notebook;
13) iMac Computer with keyboard, mouse and power cord, serial no. QP720010WRX;
14) Sony iPod Dock with alarm clock, serial no. 0116098;
15) Bose Quiet Com Port 15 Headphones;
16) Sony Dream Machine, serial no. 0138930;
17) iHome, serial no. 27HHOX4; and
18) Mac Book Pro with carrying case, charger/power adapter, serial no. W8017MJAAGU.
For thirty (30) consecutive days ending on June 11, 2012, the United States published on the Government's forfeiture website, www.forfeiture.gov, notice of the Court's Order and the United States' intent to dispose of the properties in such maimer as the Attorney General may direct, pursuant to 21 U.S.C. § 853(n) and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, and further notifying all third parties of their right to petition the Court within thirty (30) days of the final publication for a hearing to adjudicate the validity of their alleged legal interest in the properties.
On May 16, 2012, a Notice of Order of Forfeiture was sent by certified mail to the following potential third parties known to the United States to have alleged an interest in the forfeited properties:
Name and Address Article No. Result Kiet Luc 7010 2780 0000 2237 8452 Marked as received 2134 Ingrid Avenue on 5/17/12. San Diego, CA 92154 Kiet Luc 7010 2780 0000 2237 8414 Marked as received c/o Michelle Betancourt, Esq. on 5/17/12. 225 Broadway, Suite 900 San Diego, CA 92101-5008 Brian Delaney 7012 0470 0002 4445 5504 Marked as received 8875 Lemon Avenue on 5/18/12. La Mesa, CA 91941 Brian Delaney 7012 0470 0002 4445 5511 Marked as received c/o Frank T. Vecchione, Esq. on 5/17/12. 105 West F Street. Suite 215 San Diego, CA 92101 David Lindsay 7012 0470 0002 4445 5276 Marked as received 9189 Village Glen Drive #254 on 5/23/12. San Diego, CA 92123 David Lindsay 7012 0470 0002 4445 5283 Marked as received c/o Eugene G. Iredale, Esq. on 5/17/12. 105 West F Street, Fourth Floor San Diego, CA 92101-6036
John Newman 7012 0470 0002 4445 5290 Marked as received c/o Thomas W. McNamara, Esq. on 5/17/12. 655 West Broadway, Suite 1600 San Diego, CA 92101 Michael Graven 7012 0470 0002 4445 5306 Marked as received c/o Dana M. Grimes, Esq. on 5/17/12. 2664 Fourth Avenue San Diego, CA 92101-6515 Paul Grubiss 7010 2780 0000 2237 8421 Marked as received c/o Jami L. Ferrara, Esq. on 5/21/12. 964 Fifth Avenue, Suite 335 San Diego, CA 92101
Thirty (30) days have passed following the final date of notice by publication, and no third party has made a claim to or declared any interest in the forfeited properties described above.
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, as a result of the failure of any third party to come forward or file a petition for relief from forfeiture as provided by law, all right, title and interest of DONALD VANGUNDY (1) and any and all third parties in the following properties are hereby condemned, forfeited and vested in the United States of America:
1) Apple Store Gift Card No. 6065061781587298;
2) Lowe's Gift Card No. 6006491741891822021;
3) Blue Ellsworth bicycle with Fox F29 forks;
4) White model airplane, tail no. N7282F;
5) Set of white model airplane wings;
6) Model airplane, white with red bottom;
7) Rear model airplane with white and blue sides;
8) Set of red and white model airplane wings;
9) ASUS Laptop Model G50V with power cord, serial no. 87NOAS17885228A;
10) Mac Book Air Super Drive, serial no. W880712117K;
11) iPad with power cord, serial no. GB045BD173A;
12) Mac Book Air Notebook;
13) iMac Computer with keyboard, mouse and power cord, serial no. QP720010WRX;
14) Sony iPod Dock with alarm clock, serial no. 0116098;
15) Bose Quiet Com Port 15 Headphones;
16) Sony Dream Machine, serial no. 0138930;
17) iHome, serial no. 27HHOX4; and
18) Mac Book Pro with carrying case, charger/power adapter, serial no. W8017MJAAGU.
IT IS FURTHER ORDERED that costs incurred by the United States Marshals Service, and any other governmental agencies which were incident to the seizure, custody and storage of the properties be the first charge against the forfeited properties.
IT IS FURTHER ORDERED that the United States Marshals Service shall dispose of the forfeited properties according to law.