Opinion
No. S5 02 CR. 1087 (LAK).
September 20, 2004
FINAL ORDER OF FORFEITURE
WHEREAS, on February 4, 2003, Anthony Melchior (the "defendant") was charged in a one count superseding Information 02 Cr. 1087 (LAK) (the "Information") with participation in a conspiracy to distribute and possess with intent to distribute a controlled substance, to wit, 100 kilograms and more of mixtures and substances containing a detectable amount of marijuana, in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(B) and 846;
WHEREAS, the Information charged criminal forfeiture of the following property involved in the offense as property constituting and derived from proceeds obtained directly or indirectly as a result of the charged offense in the Information, including, but not limited to:
(a) A sum of money equal to $22,500 in United States currency, representing the amount of proceeds obtained as a result of the narcotics conspiracy for which the defendant is liable ("Forfeited Funds");
WHEREAS, on or about February 4, 2003, the defendant pled guilty, pursuant to a plea agreement with the Government, to Count One in the Information, charging him with a violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(B) and 846;
WHEREAS, pursuant to the plea agreement, the defendant agreed to forfeit to the Government, all of his right, title and interest in the Forfeited Funds;
WHEREAS, on April 1, 2003, the defendant was sentenced;
WHEREAS, on or about January 14, 2004, Judge Kaplan granted the defendant's motion, whereby the Clerk of the Court is directed to use the defendant's previous bond in the amount of $20,000, along with a payment by the defendant of $2,500, to satisfy his forfeiture obligation under the Information;
WHEREAS, on March 19, 2004, the Court issued a Preliminary Order of Forfeiture, which is attached hereto as Exhibit A and is fully incorporated by reference herein, with respect to the Forfeited Funds;
NOW, THEREFORE, on the application of DAVID N. KELLEY, United States Attorney for the Southern District of New York, by Bret Williams, Assistant United States Attorney, IT IS ORDERED, ADJUDGED AND DECREED THAT:
1. Pursuant to 21 U.S.C. § 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Forfeited Funds.
2. The United States Marshals Service shall take possession of the Forfeited Funds and dispose of the same according to law, in accordance with 21 U.S.C. § 853(h).
The Clerk is hereby directed to send copies of this Order to all counsel of record and to the United States Marshal, Southern District of New York.
SO ORDERED.