USA v. Garcia et al
Criminal

District of Nebraska, ned-8:2005-cr-00094-34311

PRELIMINARY ORDER OF FORFEITURE - sustaining {{330}} Motion for Preliminary Forfeiture as to Thomas Wilson (8). Based upon Count II of the Second Superseding Indictment and the Defendant's plea of guilty, the United States Marshal for the Distric t of Nebraska is hereby ordered to return $3,100.00 to the Defendant through the trust account of his attorney of record and seize forthwith the remaining $2,500.00 in United States currency. The Defendant's interest in said $2,50 0.00 in United States currency is hereby forfeited to the United States of America for disposition in accordance with the law. The aforementioned forfeited property is to be held by the Marshal in his securecustody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. 853(n), in which all interests will be addressed. Ordered by Judge Laurie Smith Camp. Certified copy USM.

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8:05-cr-00094-LSC-FG3 Doc # 331 Filed: 02/14/07 Page 1 of 3 - Page ID # 1204 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,)) 8:05CR94 vs.)) PRELIMINARY ORDER THOMAS WILSON,) OF FORFEITURE) Defendant.) This matter is before the Court on the United States' Motion for Issuance of Preliminary Order of Forfeiture and Memorandum Brief (Filing No. 330). The Court reviews the record in this case and, being duly advised in the premises, finds as follows: 1. The Defendant has entered into a Plea Agreement, whereby he has agreed to plead guilty to Count I of said Second Superseding Indictment. Count I of said Second Superseding Indictment charges the Defendant with conspiracy to distribute methamphetamine and cocaine, a violation of 21 U.S.C. § 846. Count II of said Second Superseding Indictment charges the Defendant with using $5,600.00 in United States currency to facilitate the commission of the conspiracy and charge said personal property is derived from proceeds obtained directly or indirectly as a result of the commission of the conspiracy. 2. By virtue of said Plea Agreement, the parties have agreed $3,100.00 will be returned to the Defendant through the trust account of his attorney of record; the remaining $2,500.00 will be forfeited to the United States, and the United States should be entitled to possession of said $2,500.00 pursuant to 21 U.S.C. § 853. 8:05-cr-00094-LSC-FG3 Doc # 331 Filed: 02/14/07 Page 2 of 3 - Page ID # 1205 IT IS ORDERED: A. The United States' Motion for Issuance of Preliminary Order of Forfeiture (Filing No. 330) is hereby sustained. B. Based upon Count II of the Second Superseding Indictment and the Defendant's plea of guilty, the United States Marshal for the District of Nebraska ("Marshal") is hereby ordered to return $3,100.00 to the Defendant through the trust account of his attorney of record and seize forthwith the remaining $2,500.00 in United States currency. C. The Defendant's interest in said $2,500.00 in United States currency is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n)(1). D. The aforementioned forfeited property is to be held by the Marshal in his secure custody and control. E. Pursuant to 21 U.S.C. § 853(n)(1), the Marshal forthwith shall publish at least once for three successive weeks in a newspaper of general circulation, in the county where the subject properties are situated, notice of this Order, notice of the Marshal's intent to dispose of the properties in such manner as the Attorney General may direct, and notice that any person, other than the Defendant, having or claiming a legal interest in any of the subject forfeited properties must file a Petition with the court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier. F. Said published notice shall state the Petition referred to in Paragraph E., above, shall be for a hearing to adjudicate the validity of the Petitioner's alleged interest in the properties, shall be signed by the Petitioner under penalty of perjury, and shall set forth the 2 8:05-cr-00094-LSC-FG3 Doc # 331 Filed: 02/14/07 Page 3 of 3 - Page ID # 1206 nature and extent of the Petitioner's right, title or interest in the subject properties and any additional facts supporting the Petitioner's claim and the relief sought. G. The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the properties subject to this Order as a substitute for published notice as to those persons so notified. H. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed. DATED this 14th day of February, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge 3