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
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
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
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
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
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