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United States v. Kujawa

June 13, 2008

UNITED STATES OF AMERICA,
v.
MICHAEL KUJAWA, DEFENDANT.



The opinion of the court was delivered by: William M. Skretny United States District Judge

FINAL ORDER OF FORFEITURE

WHEREAS, on December 19, 2005, the Defendant entered into a Plea Agreement with the United States in which the Defendant admitted and agreed that he had obtained $240,000.00 in monies involved in and/or proceeds from the offense alleged in Count I of the Information, to which the Defendant pleaded guilty; and

WHEREAS, a Preliminary Order of Forfeiture in this matter was entered on December 22, 2005, forfeiting Two Hundred Forty Thousand dollars ($240,000.00) to be secured by an entry of a money judgment; and

WHEREAS, it appears the Defendant has already returned $25,000.00 of said proceeds to an identified victim of the offense alleged in Count I of the Information; and

WHEREAS, Rule 32.2(c)(1) provides that "no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment;" and

WHEREAS, the Defendant has consented to the entry of the Final Order of Forfeiture before sentencing; and

WHEREAS, the Preliminary Order of Forfeiture also indicated the defendant would forfeit the following as substitute assets, each to partially satisfy the money judgment:

1. The premises and real property with all buildings, appurtenances and improvements located at 104 S. Picacho Heights Road, Eloy, Arizona 85231, as more fully described in a certain deed recorded in Pinal County Clerk's Office, and

2. The premises and real property with all buildings, appurtenances and improvements located at 110 S. Picacho Heights Road, Eloy, Arizona 85231, as more fully described in a certain deed recorded in Pinal County Clerk's Office, and

3. The premises and real property with all buildings, appurtenances and improvements located at 8211 W. Mystery Drive, Arizona City, Arizona 85223, as more fully described in a certain deed recorded in Pinal County Clerk's Office, and

4. The premises and real property with all buildings, appurtenances and improvements located at 140 S. Ash Lane, Eloy, Arizona 85231, as more fully described in a certain deed recorded in Pinal County Clerk's Office, and

5. The premises and real property with all buildings, appurtenances and improvements located at 454 E. Hinton Road, Eloy, Arizona 85231, as more fully described in certain deeds recorded in Pinal County Clerk's Office, and

6. The premises and real property with all buildings, appurtenances and improvements located at 462 E. Hinton Road, Eloy, Arizona, 85231, as more fully described in certain deeds recorded in Pinal County Clerk's Office, and

7. The premises and real property with all buildings, appurtenances and improvements located at 14654 S. 25th Street, Phoenix, Arizona 85048, as more fully described in certain deeds ...


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