SECOND PRELIMINARY ORDER OF FORFEITURE

HERMAN J. WEBER, Senior District Judge.

On January 15, 2014, defendant Glen Galemmo formally entered pleas of guilty to a two-count Information (Doc. 1), charging the defendant in Count 1 with Wire Fraud in violation of 18 U.S.C. § 1343 and in Count 2 with Money Laundering in violation of 18 U.S.C. § 1956 (Does. 2, 7). The Information contained notice to the defendant that the United States sought forfeiture of any property, real or personal, which constitutes or is derived from proceeds traceable to the offenses, or is involved in such offenses pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) and/or 18 U.S.C. § 982(a)(1) as part of any sentence (Doc. 1).

On February 12, 2014, the Court entered a Preliminary Order of Forfeiture (Doc. 12) which forfeited all right, title, and interest to certain property of the defendant pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) and/or 18 U.S.C. § 982(a)(1).

Since the entry of the Preliminary Order of Forfeiture, the United States has become aware of the following property (the "subsequently located property"):

The Court finds that based on the record in this case and the motion for a second preliminary order of forfeiture, the United States has established by a preponderance of the evidence, that the subsequently located property is any property, real or personal, which constitutes or is derived from proceeds traceable to the offenses, or is involved in such offenses and is subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). The Court finds that the defendant had an interest in the subsequently located property and the United States has established the requisite nexus between the subsequently located property and the offenses to which the defendant has pled guilty. The subsequently located property accordingly constitutes property that is subject to forfeiture under an existing order of forfeiture. but was located and identified after that order was entered, within the meaning of Rule 32.2(e)( I )(A) of the Federal Rules of Criminal Procedure.

Therefore, pursuant to Fed. R. Crim. P. 32.2,

IT IS ORDERED that all right, title, and interest in the subsequently located property is condemned and forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c).

IT IS FURTHER ORDERED that the United States shall publish notice, pursuant to Fed. R. Crim. P. 32.2(b)(6), of this Order and of its intent to dispose of the subsequently located property and send notice to any person who reasonably appears to be a potential petitioner with standing to contest the forfeiture in an ancillary proceeding. The notice must describe the forfeited property, state the times under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the government attorney to be served with the petition. Publication must take place as described in Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil Procedure, and may be by any means described in Supplemental Rule G(4)(a)(iv). The notice may be sent in accordance with Supplemental Rules G(4)(b)(iii)-(v).

IT IS FURTHER ORDERED that pursuant to 21 U.S.C. § 853(n)(2), any person, other than the defendant, asserting a legal interest in the subsequently located property, who wishes to contest the forfeiture of the subsequently located property must, within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier, file a petition in the United States District Court for the Southern District of Ohio for a hearing to adjudicate the validity of the alleged legal interest in the subsequently located property. Any petition filed by a third party 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 property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought.

IT IS FURTHER ORDERED that pursuant to 21 U.S.C. § 853(g) and Fed. R. Crim. P. 32.2(b)(3), the United States shall seize the subsequently located property, whether held by the defendant or a third party; conduct whatever discovery is necessary to identify, locate or dispose of the property; and commence proceedings that comply with any statutes governing third-party rights.

IT IS FURTHER ORDERED that pursuant to Fed. R. Crim. P. 32.2(b)(4), the Second Preliminary Order of Forfeiture shall become final as to the defendant at sentencing and shall be made part of the sentence and included in the judgment.