Opinion
CRIMINAL DOCKET NO. 98-165, SECTION: B-M2
November 6, 2002
FINAL ORDER OF FORFEITURE
WHEREAS, on January 8, 2001, this Court entered a Preliminary Order of Forfeiture, forfeiting the respective interests of EDWIN EDWARDS, STEPHEN EDWARDS, ANDREW MARTIN and CECIL BROWN in the following property:
$1,800,000.00 equity held in the Merrill Lynch Municipal Bond Account in the name of Edwin W. Edwards
in lieu of the $1,800,000.00 forfeiture money judgment entered jointly and severally against said defendants pursuant to 18 U.S.C. § 1963(m) and 21 U.S.C. § 853(p); AND WHEREAS, on September 27, 2002, the United States published in a newspaper of general circulation, notice of this forfeiture and of the intent of the United States to dispose of the property in accordance with the law and further notifying all third parties of their right to petition the Court within thirty (30) days for a hearing to adjudicate the validity of any alleged interest in the property.
AND WHEREAS, the time period for filing third party claims has expired and no timely claim has been filed;
IT IS HEREBY ORDERED, ADJUDGED and DECREED:
1. That the following property is hereby forfeited to the United States of America pursuant to 18 U.S.C. § 1963 and 982 and 21 U.S.C. § 853:
$1,800,000.00 equity held in Merrill Lynch Municipal Bond Account in the name of Edwin W. Edwards;
2. That all right, title and interest in the property described above, whether real, personal, mixed and/or otherwise, is hereby condemned, forfeited and vested in the United States of America, and shall be disposed of in accordance with law.
3. That Merrill Lynch liquidate that portion of the subject account necessary to satisfy the judgment herein and deliver a cashier's check, made payable to the United States Department of Justice in the amount of $1,800,000.00, to the United States Marshal for the Middle District of Louisiana.
4. That any and all forfeited funds, including but not limited to currency, currency equivalents and certificates of deposit, as well as any income derived as a result of the United States Marshal's management of any property forfeited herein, and the proceeds from the sale of any forfeited property, after the payment of costs and expenses incurred in connection with the forfeiture, sale and disposition of the forfeited property, shall be deposited forthwith by the United States Marshal into the Department of Justice Asset Forfeiture Fund in accordance with 28 U.S.C. § 524(c) and 21 U.S.C. § 881(e).
5. That the United States District Court shall retain Jurisdiction in this case for the purposes of enforcing this Order.
The Clerk of Court is hereby directed to send three certified copies of this Order to United States Attorney's Office for the Eastern District of Louisiana.