Filed: Jul. 12, 2016
Latest Update: Jul. 12, 2016
Summary: PRELIMINARY ORDER OF FORFEITURE ROBERT H. CLELAND , District Judge . The United States filed an Application for Entry of Preliminary Order of Forfeiture ("Application") seeking a forfeiture order pursuant to 18 U.S.C. 1963(a)(1)-(3), for (a) any and all interest VERNON NELSON RICH ("Defendant") has acquired or maintained in violation of 18 U.S.C. 1962; (b) any and all interest in, security of, claim against, or property or contractual right of any kind affording a source of influence o
Summary: PRELIMINARY ORDER OF FORFEITURE ROBERT H. CLELAND , District Judge . The United States filed an Application for Entry of Preliminary Order of Forfeiture ("Application") seeking a forfeiture order pursuant to 18 U.S.C. 1963(a)(1)-(3), for (a) any and all interest VERNON NELSON RICH ("Defendant") has acquired or maintained in violation of 18 U.S.C. 1962; (b) any and all interest in, security of, claim against, or property or contractual right of any kind affording a source of influence ov..
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PRELIMINARY ORDER OF FORFEITURE
ROBERT H. CLELAND, District Judge.
The United States filed an Application for Entry of Preliminary Order of Forfeiture ("Application") seeking a forfeiture order pursuant to 18 U.S.C. § 1963(a)(1)-(3), for (a) any and all interest VERNON NELSON RICH ("Defendant") has acquired or maintained in violation of 18 U.S.C. § 1962; (b) any and all interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any Enterprise named and described in Count One of the Third Superseding Indictment which Defendant established, operated, controlled, conducted or participated in the conduct of, in violation of 18 U.S.C. § 1962; and (c) any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, from racketeering activity in violation of 18 U.S.C. § 1962, including the following:
IB ITEM DATE SEIZED FROM SEIZURE
SEIZED/ LOCATION
FIRE DATE
82 Harrington & Richardson 3/11/2005 Vern Rich 6144 Lapeer Road,
Rifle, Model 65 H&R Clyde, Michigan
Reising, S/N 5649, .22
caliber and magazine with
leather case
83 Remington Shotgun, 3/11/2005 Vern Rich 6144 Lapeer Road,
Model Clyde, Michigan
870 Express, S/N
X197084M, 12-gauge with
green cloth case
84 Richland Arms black 3/11/2005 Vern Rich 6144 Lapeer Road,
powder revolver, Model Clyde, Michigan
Texas New Army, S/N
3453, .44 caliber
85 One green ammunition box 3/29/2007 Vern Rich 5555 Flinchbaugh,
containing miscellaneous Kimball Twp, MI
ammunition
641 One round, one 0.32 auto 11/15/2007 Vern Rich 5555 Flinchbaugh,
RP round Kimball Twp, MI
648 One box 0.357 mag 11/15/2007 Vern Rich 5555 Flinchbaugh,
rounds, Kimball Twp, MI
one 0.357 mag round
652 Remington Shotgun, 11/15/2007 Vern Rich
Model
1100, S/N 229361X, .20
caliber
653 Two shotgun shells, two 11/15/2007 Vern Rich 5555 Flinchbaugh,
12-gauge shotgun shells Kimball Twp, MI
671 $91.75 removed from Slot 11/15/2007 Vern Rich 5555 Flinchbaugh,
Machine in 1B 671 Kimball Twp, MI
672 $0.25 removed from Slot 11/15/2007 Vern Rich 5555 Flinchbaugh,
Machine in 1B 672 Kimball Twp, MI
673 $0.25 removed from Slot 11/15/2007 Vern Rich 5555 Flinchbaugh,
Machine in 1B 673 Kimball Twp, MI
676 Miscellaneous 11/15/2007 Vern Rich 5555 Flinchbaugh,
ammunition, one box Kimball Twp, MI
764 One 0.357 mag round and 12/11/2007 Vern Rich 5555 Flinchbaugh,
one red shotgun round Kimball Twp, MI
773 One 0.38 special round, 12/11/2007 Vern Rich 5555 Flinchbaugh,
13 9mm luger rounds, one Kimball Twp, MI
12-gauge shotgun rounds
646 One DD plaque with photo 11/15/2007 Vern Rich 5555 Flinchbaugh,
Kimball Twp, MI
655 Blue jeans with DD belt 11/15/2007 Vern Rich 5555 Flinchbaugh,
buckle Kimball Twp, MI
659 Thumb drives, Lexar, 11/15/2007 Vern Rich 5555 Flinchbaugh,
serial Kimball Twp, MI
number 327080 and
Dane-Elec1GB
660 Compaq Presario 11/15/2007 Vern Rich 5555 Flinchbaugh,
Computer, Kimball Twp, MI
S/N CNH6254435,
Marking "support your
local 44"
671 Malibu Doubles Slot 11/15/2007 Vern Rich 5555 Flinchbaugh,
Machine, Model SG-32B, Kimball Twp, MI
Sigma Game Inc.
(Manufacturer), S/N
023001418
672 High Roller Slot Machine, 11/15/2007 Vern Rich 5555 Flinchbaugh,
Sigma Game Kimball Twp, MI
(Manufacturer), no model,
no S/N
673 Double Fortune Slot 11/15/2007 Vern Rich 5555 Flinchbaugh,
Machine (Soaring Eagle Kimball Twp, MI
Gaming Property ID Tag
#102511), Universal Brand
674 Plastic "Stack On" tool box 11/15/2007 Vern Rich 5555 Flinchbaugh,
with miscellaneous slot Kimball Twp, MI
machine parts inside
677 Digital scale, USN-250 11/15/2007 Vern Rich 5555 Flinchbaugh,
digital scale Kimball Twp, MI
762 One Motorola cell phone, 12/11/2007 Vern Rich 5555 Flinchbaugh,
S/N 364YFS1N8D, Model Kimball Twp, MI
I530
770 One SanDisk memory stick 12/11/2007 Vern Rich 5555 Flinchbaugh,
duo adapter number Kimball Twp, MI
209000125
777 One Motorola cell phone, 12/11/2007 Vern Rich
Model I530, S/N
364VFLBLON, with
charger
779 One silver LG cell phone, 12/11/2007 Vern Rich 5555 Flinchbaugh,
Model G4015, S/N Kimball Twp, MI
509KPSL627422
781 Black Motorola cell phone, 12/11/2007 Vern Rich 5555 Flinchbaugh,
serial number Kimball Twp, MI
364VGQKYRT, model
I415
782 One silver Motorola cell 12/11/2007 Vern Rich 5555 Flinchbaugh,
phone, serial number Kimball Twp, MI
364KGE1CB3
793 1995 Harley Davidson, 12/11/2007 Vern Rich 5555 Flinchbaugh,
VIN: Kimball Twp, MI
1HD1DJL12SY506886;
Lic. Plate: K193Z
988 Motorola Boost cell phone 4/1/2009 Vern Rich 5555 Flinchbaugh,
Kimball Twp, MI
One black leather vest with 11/15/2007
miscellaneous DD patches
REAL PROPERTY
Real Property located at 43653 Gratiot, Clinton Township, Macomb
County, Michigan and being more fully described as: Town 2 North, Range 13 East, Private Claims 141 and 626, described as commencing at the intersection of the centerline of Old Gratiot Avenue and South line of Fractional Sec. 1, Town 2 North, Range 13 East; thence South 21 degrees 15 minutes West 2024.24 feet to a point of beginning; thence South 21 degrees 15 minutes West 110 ft along the centerline of Old Gratiot Ave.; thence North 83 degrees 43 minutes West 1303.5 ft; thence North 21 degrees 18 minutes East 136.33 ft; thence South 82 degrees 38 minutes East 1296.45 ft to a point of beginning and containing 3.54 acres of land, more or less. Subject to the rights of the public and of any governmental unit in any part therof taken, used or deeded for street, road or highway purposes. Parcel ID: 11-01-355-004
(hereinafter collectively referred to as the "Subject Property").
Based upon the information contained in the Application, the contents of Defendant's Rule 11 Plea Agreement, Defendant's conviction for violating 18 U.S.C. § 1962(d) as set forth in Count One of the Third Superseding Indictment, Defendant's agreement to forfeit the Subject Property, and other information in the record, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. Pursuant to 18 U.S.C. 1963(a)(1)-(3) and Fed.R.Crim.P. 32.2, Defendant shall forfeit to the United States (a) any and all interest Defendant has acquired or maintained in violation of 18 U.S.C. § 1962; (b) any and all interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any Enterprise named and described in Count One of the Third Superseding Indictment which Defendant established, operated, controlled, conducted or participated in the conduct of, in violation of 18 U.S.C. § 1962; and (c) any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, from racketeering activity in violation of 18 U.S.C. § 1962, including, but not limited to, the Subject Property.
2. The Subject Property IS HEREBY FORFEITED to the United States for disposition according to law, and any right, title or interest of Defendant, and any right, title or interest that his heirs, successors, or assigns, have or may have in the Subject Property IS HEREBY AND FOREVER EXTINGUISHED.
3. The Court has determined, based upon the contents of Defendant's Rule 11 Plea Agreement, and other information in the record, that there is a sufficient nexus between the Subject Property and the violation of Count One as set forth in the Third Superseding Indictment in that the Subject Property constitutes an interest acquired or maintained in violation of 18 U.S.C. § 1962(d), and/or constitutes an interest in, security of, claim against, or property or contractual right affording a source of influence over the Enterprise named and described in Count One of the Third Superseding Indictment which Defendant established, operated, controlled, conducted or participated in the conduct of, in violation of 18 U.S.C. § 1962(d), and/or is property constituting, or derived from, proceeds obtained, directly or indirectly, from racketeering activity in violation of 18 U.S.C. § 1962(d).
4. This Order shall become final as to Defendant at the time it is entered and the forfeiture shall be made part of Defendant's sentence and included in Defendant's Judgment.
5. Upon entry of this Preliminary Order of Forfeiture, the United States Attorney General or his designee is authorized to commence any applicable proceeding to comply with the statutes governing third party rights, including giving notice of this Order.
6. Pursuant to 18 U.S.C. § 1963(l), the United States shall publish notice of this Preliminary Order of Forfeiture and of its intent to dispose of the Subject Property in such manner as the Attorney General may direct on www.forfeiture.gov for at least thirty (30) consecutive days. Said notice shall direct that any person, other than the Defendant, asserting a legal interest in the Subject Property, may 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. The petition shall be for a hearing before the Court alone, without a jury and in accordance with 18 U.S.C. § 1963(l)(2), to adjudicate the validity of the petitioner's alleged interest in the Subject Property. Pursuant to 18 U.S.C. § 1963(l)(3), any petition filed by a third party asserting an interest in the Subject Property must be signed by the petitioner under penalty of perjury and must set forth the nature and extent of the petitioner's alleged right, title or interest in the Subject Property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the Subject Property, any additional facts supporting the petitioner's claim, and the relief sought. Pursuant to 18 U.S.C. § 1963(l)(1), the United States may also, to the extent practicable, provide direct written notice to any person or entity known to have an alleged interest in the Subject Property.
7. The United States is hereby authorized, pursuant to 18 U.S.C. § 1963(k) and Federal Rules of Criminal Procedure 32.2 (c), to conduct any discovery in the ancillary proceeding in accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is proper and desirable.
8. Pursuant to 18 U.S.C. § 1963(1)(7), following the Court's disposition of any petitions for ancillary hearing, or, if none, following the expiration of the period provided in 18 U.S.C. § 1963(1)(2) for the filing of third party petitions, the United States shall have clear title to the Subject Property, all other interests in the Subject Property shall be FORFEITED to the United States, this Order shall become the Final Order of Forfeiture as provided by Federal Rule of Criminal Procedure 32.2(c)(2), and the United States shall be authorized to dispose of the Subject Property as prescribed by law.
9. Defendant shall not contest, or assist anyone else in contesting, the forfeiture of all of the firearms, silencers and ammunition, U.S. Currency, motorcycles, slot machines, tools, computers, thumb drives, laptops, cameras, monitors, electronic equipment, "Colors" including but not limited to center wheel, vests, pins and patches, clothing, merchandise, jewelry, paraphernalia, and other personal property bearing any Devil's Diciples' labeling, markings, logos or symbols, that were seized in connection with the investigation of this case, as well as those seized in connection with the investigation and prosecution of United States v. Jeff Garvin Smith, et. al., Case No. 11-20066, United States District Court, Eastern District of Michigan, in any forfeiture action or proceeding.
10. Defendant shall not contest, or assist anyone else in contesting, the forfeiture of the real properties that are the subject of the following civil actions: United States v. One Parcel of Real Property Known as 43653 Gratiot, Clinton Township, Michigan, Case No. 09-cv-11208 and United States v. One Parcel of Real Property Known as 2424 Little Street, Port Huron, Michigan, Case No. 09-cv-11212, United States District Court, Eastern District of Michigan.
11. Defendant shall not contest, or assist anyone else in contesting, the forfeiture of all Devil's Diciples' websites, markings, service marks, trademarks, names and "Colors," in any forfeiture action or proceeding.
12. Defendant shall not contest the forfeiture of, or file a petition or claim in connection with, any property that the government seeks to forfeit from any other defendant in this case, and from any defendant in United States v. Jeff Garvin Smith, et. al., Case No. 11-20066, United States District Court, Eastern District of Michigan.
13. The Court retains jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e).
IT IS SO ORDERED.
