Opinion
CRIMINAL DOCKET NO. 98-165, SECTION: B-M2
January 8, 2001
PRELIMINARY ORDER OF FORFEITURE
WHEREAS, by the Superseding Indictment in the above-captioned case, the United States sought forfeiture of specific property of the above-captioned defendants pursuant to 18 U.S.C. § 1963, which is property that was acquired and maintained in violation of 18 U.S.C. § 1962; that was an interest in, security of, claim(s) against, or property or contractual right(s) of any kind affording a source of influence over the enterprise named and described therein, which the defendants established, operated, controlled, conducted, or participated in the conduct of in violation of Section 1962; and/or was property constituting, or derived from, proceeds which the defendants obtained, directly or indirectly, from racketeering activity, in violation of Section 1962; AND WHEREAS, by the Superseding Indictment in the above-captioned case, the United States further sought forfeiture of specific property of the above-captioned defendants pursuant to 18 U.S.C. § 982 and 1956, which is property that was involved in or traceable to property that was involved in money laundering, in violation of 18 U.S.C. § 1956(h);
AND WHEREAS, on May 9, 2000, the trial jury found each of the above defendants, EDWIN EDWARDS, STEPHEN EDWARDS, CECIL BROWN AND ANDREW MARTIN, guilty on Counts 1 and 2, and thereafter the trial jury returned a Special Verdict finding that said defendants' interest in a portion of property, alleged in Counts 1 and 2 and the Notice of Racketeering Forfeiture, is subject to forfeiture;
AND WHEREAS, on May 9, 2000, the trial jury found the defendants, EDWIN EDWARDS, STEPHEN EDWARDS, AND ANDREW MARTIN, guilty on Count 34, and thereafter the trial jury returned a Special Verdict finding that said defendants' interest in a portion of property, alleged in Count 34 and the Notice of Money Laundering Forfeiture, is subject to forfeiture;
AND WHEREAS, by virtue of said Guilty and Special Verdicts, the United States is now entitled to possession of said properties, pursuant to 18 U.S.C. § 1963 and 982 and Rule 32(d)(2) of the Federal Rules Criminal Procedure;
AND WHEREAS, The United States by and through its undersigned counsel, pursuant to 18 U.S.C. § 1963(m) and 21 U.S.C. § 853(p) as incorporated by 18 U.S.C. § 982 (b)(1)(A), has moved to substitute the following property on the basis that the funds sub judice cannot be located upon the exercise of due diligence, have been transferred or sold to, or deposited with, a third party and/or have been commingled with other property which cannot be divided without difficulty:
$1,800,000.00 equity held in Merrill Lynch Municipal Bond account number in the name of Edwin W. Edwards.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. That based upon the jury verdict of guilty against the above defendants on Counts 1, 2 and 34, in which the jury imposed joint and several liability upon the specified defendants, the following property from each defendant, not to exceed the total maximum of $1,800,000 from defendants EDWIN EDWARDS, STEPHEN EDWARDS, ANDREW MARTIN and CECIL BROWN, is hereby forfeited to the United States for disposition in accordance with the law:
The following property belonging to Defendant EDWIN EDWARDS: $1,800,000 U.S. Currency;
The following property belonging to Defendant STEPHEN EDWARDS: $1,800,000 U.S. Currency;
The following property belonging to Defendant ANDREW MARTIN: $1,800,000 U.S. Currency;
The following property belonging to Defendant CECIL BROWN: $1,800,000 U.S. Currency;
2. The Court specifically finds that the following property should be substituted for the money judgments specified in paragraph one on the basis that the property represented in the money judgements cannot be located upon the exercise of due diligence: has been transferred or sold to, or deposited with, a third party: and/or has been commingled with other property which cannot be divided without difficulty. Under 18 U.S.C. § 1963(m) and 21 U.S.C. § 853(p) as incorporated by 18 U.S.C. § 982(b)(1)(A), the following property is hereby ORDERED SUBSTITUTED for the money judgments specified in paragraph one:
$1,800,000.00 equity held in Merrill Lynch Municipal Bond account number in the name of Edwin W. Edwards.IT IS FURTHER ORDERED that the property described above be held by Merrill Lynch pending further orders of the Court.
3. That pursuant to 21 U.S.C. § 853, as incorporated by 18 U.S.C. § 982, and 18 U.S.C. § 1963, the United States Government shall publish one time only in a newspaper of general circulation, notice of this Order, notice of the United States Marshal's intent to dispose of the property, in such a manner as the Attorney General may direct, and notice that any person, other than the defendants, having or claiming a legal interest in any of the above-listed forfeited property must file a petition with the Court within thirty (30) days of the publication of notice or of receipt of actual notice, whichever is earlier.
This notice shall state that the petition shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the property, 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 each of the forfeited properties and any additional facts supporting the petitioner's claim and the relief sought.
The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the Preliminary Order of Forfeiture as a substitute for published notice as to those persons so notified.
IT IS HEREBY FURTHER ORDERED that, upon the imposition of sentence on the defendants EDWIN EDWARDS, STEPHEN EDWARDS, ANDREW MARTIN and CECIL BROWN, this Preliminary Order of Forfeiture becomes final as to the defendants EDWIN EDWARDS, STEPHEN EDWARDS, ANDREW MARTIN and CECIL BROWN, and is hereby included in the Judgment nunc pro tunc, as if copied therein in extenso.
4. That upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 1963(1) and 21 U.S.C. § 853, as uincorporated by 18 U.S.C. § 982, in which all interests will be addressed.