UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
July 31, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
ALBERT DONALD, DEFENDANT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
Prior to commencement of the trial, defendant and the Government consented to have the forfeiture counts, Counts VII and VIII, tried to the Court.
The parties should advise the Court, in writing, within fourteen (14) days of entry of this order, if they wish to submit any additional evidence as to the forfeiture matters. The Court will consider all the evidence submitted at the trial by both sides, but I will give the parties the opportunity to present additional, relevant material, if they wish to do so.
I believe the proper procedure, if the Court determines that the Government has established the right to forfeiture, by a preponderance of the evidence, is for me to enter a preliminary order of forfeiture pursuant to FED. R. CRIM. P. 32.2(b)(2).
IT IS SO ORDERED.
Dated: Rochester, New York July 31, 2009.
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