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U.S. v. MELCHIOR

United States District Court, S.D. New York


March 19, 2004.

UNITED STATES OP AMERICA, -V- ANTHONY MELCHIOR, Defendant

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

PRELIMINARY 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"); Page 2

  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 agreements, the defendant agreed to forfeit to the Government, all of his right, title and interest in the Forfeited Funds;

  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 and $2,500 paid by the defendant to satisfy his forfeiture obligation under the Information;

  WHEREAS, pursuant to 21 U.S.C. § 853(g), the United States is, by virtue of said guilty plea pursuant to the Information, now entitled, pending any assertion of third-party claims, to reduce the Forfeited Funds to its possession and to notify any and all potential purchasers and transferees thereof of its interest therein;

  NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

  1. All of the defendant's right, title and interest in the Forfeited Funds is forfeited to the United States for disposition in accordance with the law, subject to the provisions of Title 21 U.S.C. § 853(n).

  2. The aforementioned Forfeited Funds are to be seized pursuant to this Preliminary Order of Forfeiture and are to be held Page 3 thereafter by the United States Marshals Service (or its designee) in its secure custody and control.

  3. Pursuant to 21 U.S.C. § 853 (n)(1), the United States Marshal forthwith shall publish, at least once for three successive weeks in a newspaper of general circulation, notice of this Order, notice of the Marshal's intent to dispose of the Forfeited Funds 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 the above-listed Forfeited Funds 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. This notice shall state that the petition shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the Forfeited Funds, 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 Forfeited Funds and any additional facts supporting the petitioner's claim and the relief sought.

  4. The United States may also, to the extent practicable, provide direct written notice to any person known to have an alleged interest in the Forfeited Funds, which is the subject of this Order of Forfeiture, as a substitute for published notice as to those persons so notified.

  5. The United States Clerk of the Court is hereby Page 4 ordered to transfer the amount of $22,500 paid by the defendant to the United States Marshals Service.

  6. 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.

  7. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed.R.Crim.P. 32.2(e).

  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.

20040319

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