FRANK D. WHITNEY, Chief District Judge.
THIS MATTER is before the Court on the United States' Amended Motion (Doc. 67), pursuant to Fed. R. Crim. P. 32.2(c)(2), for a Final Order and Judgment confirming forfeiture of the funds, electronic equipment, funds as a substitute res for real property, and other assets ("the Property") identified in the Consent Order and Judgment of Forfeiture (Doc. 40), subject to the Consent Order and Third Party Petition (Doc. 61; "Consent Order") in this case. For the reasons set forth in the Amended Motion, the Amended Motion is hereby GRANTED.
In support of granting the Amended Motion and based on the record in this case, the Court FINDS AS FOLLOWS:
1. On March 26, 2015 this Court entered the Consent Order for the Property based upon the Defendant's plea of guilty to charges related to a wire fraud scheme.
2. At sentencing of this matter, the Court orally pronounced forfeiture in accord with the Consent Order. Further, at that sentencing, the Government advised the Court that Defendant had transferred the forfeited real property at 1910 E. Palm Avenue, Unit 10104, Tampa, Hillsborough County, FL 33605, Parcel No. 189549-0526 ("the Tampa Condo") to defense counsel Hugo Rodriguez. Mr. Rodriguez thereafter orally agreed on the record that he and his firm did not claim any interest in the Tampa Condo. Following sentencing, the Court entered a Judgment in a Criminal Case (Doc. 43) ordering forfeiture in accord with the Consent Order. Therefore, all right, title, and interests of Hugo Rodriguez, the Law Firm of Hugo Rodriguez, and Defendant in the properties identified herein have been extinguished.
3. On May 8, 2015 through June 6, 2015 the United States published, via
4. On May 11, 2015, the United States also sent direct notice of the Consent Order and Judgment of Forfeiture, via the United States Postal Service Certified Mail, Return Receipt Requested, to McAlvany ICA. Said notice was in fact delivered on May 14, 2015. In addition, on June 19, 2015, the United States sent direct notice of the Consent Order and Judgment of Forfeiture, via the United States Postal Service Certified Mail, Return Receipt Requested, to The Quarter at Ybor Condominium Association c/o Shawn Brown, Esq. Said Notice was in fact delivered on June 23, 2015.
5. Following notice, The Quarter at Ybor Condominium Association, Inc. ("Petitioner") filed a petition (Doc. 59) in this action claiming an interest in the Tampa, Florida condominium identified for forfeiture in this case. The Government subsequently entered into and this Court issued a Consent Order for Third Party Petition (Doc. 61) with the Petitioner in regard to the Tampa condo. Thereafter, Petitioner initiated and concluded a foreclosure sale on the Tampa Condo in Hillsborough County, Florida. Petitioner has advised the Government that, after payments to Petitioner of the Amounts Due Petitioner per the Consent Order for Third Party Petition (Doc. 61 at Page 3, ¶3), as well as assessment of any costs and fees that the Hillsborough County Clerk of Court or other authorized court entity is authorized to collect pursuant to law, the foreclosure action is likely to yield approximately $70,000 which is forfeitable to the United States as a substitute res for the condo.
6. In light of the foregoing, sufficient notice has been provided and no other petitions have been filed.
7. Consequently, in accordance with Rule 32.2(c)(2), the Court may now confirm the Consent Order as the Final Order and Judgment of Forfeiture to give the government clear title to the forfeited assets, subject to any rights set forth in the Consent Order for Third Party Petition.
IT IS, THEREFORE ORDERED, that all right, title, and interest in the following property, whether real, personal, or mixed, is finally forfeited to United States for disposition according to law and the United States may pass clear title to the Property:
SO ORDERED.