05/17/2011 54 PRELIMINARY ORDER OF FORFEITURE granting 53 Motion for Preliminary Order of Forfeiture as to Matthew W. Brown (1). Signed by Judge Sue L. Robinson on 5/16/11. (fms) (Entered: 05/17/2011)
OCR extract:
PRELIMINARY ORDER OF FQRFEITURE
WHEREAS, on February 17, 2010, the defendant Matthew W. Brown entered a plea of guilty to Counts One, Four, Five, and Eight of the Indictment, whereby he agreed to the forfeiture of all property constituting, or derived from, proceeds defendant obtained directly or indirectly as a result of his offenses, including Counts One, Four, Five, and Eight of the Indictment; and
WHEREAS, the United States has ?led a Motion for Entry of Preliminary Order of Forfeiture which would consist of a personal money judgment against the defendant in the amount of $4,798,138.00; and
WHEREAS, the United States, pursuant to Federal Rule Criminal Procedure 32.2(e)(l)(B) and 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)(l) and 28 U.S.C. § 2461(0), has moved for entry of a Preliminary Order of Forfeiture for Substitute Assets for certain property in partial satisfaction of the defendant’s forfeiture money judgment totalling $4,798,138.00.
NOW THEREFORE, IT IS HEREBY ORDERED, ADIUDGED AND DECREED this 16th day of May , 2011 that:
1. The defendant shall forfeit to the United States the sum of $4,798,I38.00 pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461;
2. Defendant shall also forfeit any property, real or personal, which constitutes or is derived from proceeds traceable to the offenses for which he has been convicted, which property has not yet been identified or located;
3. Upon the entry of this Order, the Secretary of the Treasury (or a designee) is authorized to seize the following property, whether held by the defendant or by a third party, and to conduct any discovery proper in identifying, locating or disposing of the property subject to forfeiture, in accordance with Fed. R. Crim. P. 32.2(b)(3):
a. All funds in Tallahassee State Bank account number XXXXXXXX, held in the name of Matthew W. Brown;
b. All funds in Tallahassee State Bank account number XXXXXXXX, held in the name of Vertikal Group, Inc.;
c. All funds in TD Ameritrade account number XXXXXXXXX, held in the name of Matt W. Brown;
d. All funds in TD Ameritrade account number XXXXXXXXX, held in the name of Matt W. Brown.
(collectively, the “Subject Property”).
4. Upon entry of this Order, the Secretary of the Treasury (or a designee) is authorized to commence any applicable proceeding to comply with statutes governing third party rights, including giving notice of this Order;
5. The United States shall publish notice of the Order and its intent to dispose of the property in such a manner as the Secretary of the Treasury (or a designee) may direct. The United States may also, to the extent practicable, provide written notice to any person known to have an alleged interest in the Subject Property;
6. Any person, other than the above named defendant, asserting a legal interest in the Subject Property may, within thirty days of the final publication of notice or receipt of notice, whichever is earlier, petition the Court for a hearing without a jury to adjudicate the validity of his alleged interest in the Subject Property, and for an amendment of the order of forfeiture, pursuant to 18 U.S.C. § 982(b)(l);
7. Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2);
8. Any petition filed by a third party asserting an interest in the Subject 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 the Subject Property, the time and circumstances of the petitioner’s acquisition of the right, title or interest in the Subject Property, any additional facts supporting the petitioner’s claim, and the relief sought;
9. After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(l)(A) and before a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual issues;
10. The United States shall have clear title to the Subject Property following the Court’s disposition of all third-party interests, or, if none, following the expiration of the period provided in 18 U.S.C. § 982(b) for the filing of third party petitions;
11. The United States District Court shall retain jurisdiction in the case for the purpose of enforcing this Order; and
12. The United States may, at any time, move pursuant to Rule 32.2(e) to amend this Preliminary Order of Forfeiture to substitute property having a value not to exceed $4,798,138.00 to satisfy the money judgment in whole or in part.
s/s
HONORABLE SUE L. ROBINSON
UNITED STATES DISTRICT JUDGE |
