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USA v. Bernard, 2:17-cr-61-FtM-38MRM. (2017)

Court: District Court, M.D. Florida Number: infdco20171207a20 Visitors: 2
Filed: Dec. 06, 2017
Latest Update: Dec. 06, 2017
Summary: ORDER OF FORFEITURE SHERI POLSTER CHAPPELL , District Judge . THIS CAUSE comes before the Court upon the United States of America's Motion for an order of forfeiture against Defendant in the amount of $10,500,497.92. Being fully advised of the relevant facts, the Court hereby finds Defendant personally obtained at least $10,500,497.92 in proceeds as a result of his participation in the wire fraud conspiracy to which he pled guilty. The Court further finds that Defendant has dissipated or
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ORDER OF FORFEITURE

THIS CAUSE comes before the Court upon the United States of America's Motion for an order of forfeiture against Defendant in the amount of $10,500,497.92.

Being fully advised of the relevant facts, the Court hereby finds Defendant personally obtained at least $10,500,497.92 in proceeds as a result of his participation in the wire fraud conspiracy to which he pled guilty.

The Court further finds that Defendant has dissipated or otherwise spent the $10,500,497.92 in proceeds that he obtained.

Accordingly, it is hereby:

ORDERED that for good cause shown, the United States' motion is GRANTED.

It is FURTHER ORDERED that, pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, Defendant shall be held personally liable for an order of forfeiture in the amount of $10,500,497.92.

It is FURTHER ORDERED that, because the $10,500,497.92 in proceeds was dissipated by Defendant, the United States may seek, as a substitute asset, pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c), forfeiture of any of Defendant's property up to the value of $10,500,497.92.

It is FURTHER ORDERED that Defendant's order of forfeiture be credited with the net proceeds obtained from the forfeiture of the accounts in the companion civil case, United States v. Approximately $1,116,331.67, et al., Case No. 2:17-cv-365-FtM-99CM.

It is FURTHER ORDERED that, upon entry of this order, it shall become a final order of forfeiture as to Defendant.

The Court retains jurisdiction to address any third party claim that may be asserted in these proceedings, to enter any further order necessary for the forfeiture and disposition of such property, and for any substitute assets that the United States may be entitled to seek up to the amount of the order of forfeiture.

DONE and ORDERED.

Source:  Leagle

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