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U.S. v. Lusardi, 5:14-CR-145-F. (2016)

Court: District Court, E.D. North Carolina Number: infdco20161025g83 Visitors: 16
Filed: Oct. 17, 2016
Latest Update: Oct. 17, 2016
Summary: FINAL ORDER OF FORFEITURE JAMES C. FOX , District Judge . WHEREAS, on March 30, 2015, this Court entered a Preliminary Order of Forfeiture pursuant to the provision of 18 U.S.C. 2323, based upon the defendant pleading guilty to 18 U.S.C. 2318 and 2319(b) (1), and 17 U.S.C. 506(a) (1) (A), and agreeing to the forfeiture of the property listed in the March 30, 2015 Preliminary Order of Forfeiture, to wit, property seized by the Department of Homeland Security on or about July 2012 (Exh
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FINAL ORDER OF FORFEITURE

WHEREAS, on March 30, 2015, this Court entered a Preliminary Order of Forfeiture pursuant to the provision of 18 U.S.C. § 2323, based upon the defendant pleading guilty to 18 U.S.C. §§ 2318 and 2319(b) (1), and 17 U.S.C. § 506(a) (1) (A), and agreeing to the forfeiture of the property listed in the March 30, 2015 Preliminary Order of Forfeiture, to wit, property seized by the Department of Homeland Security on or about July 2012 (Exhibits A and B attached hereto), packages from China to the Defendant or one of his aliases, which were intercepted by Customs Border and Patrol, or packages addressed to Post Office Boxes controlled by the Defendant, which were seized by the U. S. Postal Inspection Service.

AND WHEREAS, the United States published notice of this forfeiture at the www.forfeiture.gov web site for at least 30 consecutive days, between December 30, 2015 and January 28, 2016, as required by Rule G(4) (a) (iv) (C) of the Supplemental Rules for Admiralty of Maritime Claims and Asset Forfeiture Actions. Said published notice advised all third parties of their right to petition the court within sixty (60) days from the first day of the publication date for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

AND WHEREAS, it appears from the record that no claims, contested or otherwise, have been filed for the subject personal property described in this Court's March 30, 2015 Preliminary Order of Forfeiture, other than those specifically mentioned herein;

It is HEREBY ORDERED, ADJUDGED and DECREED:

1. That the subject personal property listed in the March 30, 2015 Preliminary Order of Forfeiture is hereby forfeited to the United States. That the United States Department of Homeland Security and the United States Postal Inspection Service are directed to dispose of the property according to law, including destruction.

2. That any and all forfeited funds shall be deposited by the United States Department of Treasury as soon as located or recovered into the Department of Treasury's Assets Forfeiture Fund in accordance with 28 U.S.C. § 524(c) and 21 U.S.C. § 881(e).

The Clerk is hereby directed to send copies of this Order to all counsel of record.

SO ORDERED.

Source:  Leagle

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