Filed: Aug. 18, 2014
Latest Update: Aug. 18, 2014
Summary: CONSENT ORDER OF FORFEITURE ALGENON L. MARBLEY, District Judge. On July 22, 2014, an Information (Doc. 14) was filed charging Defendant, Guillermo Munoz-Montalban in Count One with knowingly forge, counterfeit, alter and falsely make documents for entry into or as evidence of authorized stay or employment in the United States (Fraud and Misuse of Documents) in violation of 18 U.S.C. 1546(a) and in Count Two with aggravated identity theft in violation of 18 U.S.C. 1028A. On July 22, 2014, th
Summary: CONSENT ORDER OF FORFEITURE ALGENON L. MARBLEY, District Judge. On July 22, 2014, an Information (Doc. 14) was filed charging Defendant, Guillermo Munoz-Montalban in Count One with knowingly forge, counterfeit, alter and falsely make documents for entry into or as evidence of authorized stay or employment in the United States (Fraud and Misuse of Documents) in violation of 18 U.S.C. 1546(a) and in Count Two with aggravated identity theft in violation of 18 U.S.C. 1028A. On July 22, 2014, the..
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CONSENT ORDER OF FORFEITURE
ALGENON L. MARBLEY, District Judge.
On July 22, 2014, an Information (Doc. 14) was filed charging Defendant, Guillermo Munoz-Montalban in Count One with knowingly forge, counterfeit, alter and falsely make documents for entry into or as evidence of authorized stay or employment in the United States (Fraud and Misuse of Documents) in violation of 18 U.S.C. §1546(a) and in Count Two with aggravated identity theft in violation of 18 U.S.C. §1028A.
On July 22, 2014, the defendant entered into a Plea Agreement (Doc.16) with the United States whereby the defendant agreed to enter a plea of guilty to Counts One and Two of the Information.
The Defendant, Guillermo Munoz-Montalban now hereby agrees that the property listed below was used to facilitate and/or represents proceeds of the criminal activity as described in Counts One and Two of the Information, and finding that there is a requisite nexus between the property listed below and the offense which Defendant, Guillermo Munoz-Montalban has pled guilty, and that Defendant, Guillermo Munoz-Montalban had a legal interest in said property, IT IS HEREBY ORDERED:
1. That Defendant, Guillermo Munoz-Montalban shall forfeit the following property to the United States pursuant to 18 U.S.C. §982(a)(6)(A):
A. Hewlett Packard desktop computer, SN 3CU234011Z;
B.Samsung Galaxy cell phone, SN 99000450563828;
C. Apple IPhone, SN BCG-E2422A;
D. HTC cell phone, SN HT3BN700719;
E. Hewlett Packard laptop computer, SN CND347OLGX;
F. Canon Powershot digital camera, SN 632062005534;
G. Three (3) Thumb Drives (various models);
H. Three (3) Fargo digital card makers, SN's 83220395, 82321625, A8370806;
I. Canon printer, SN LPSA83048;
J.DVD Writer, SN 308HVFW125283;
K. Fifteen (15) printer cartridges;
L. One (1) Bag of blank ID card stock; and,
M. $590.00 in U.S. Currency.
2. That the designated agent for Immigration and Customs Enforcement/Homeland Security Investigations shall immediately seize the subject property and hold same in its secure custody and control.
3. That the United States is authorized to conduct any discovery proper in identifying, locating or disposing of the subject property in accordance with Fed. R. Crim. P. 32.2(b)(3).
4. That the United States shall publish, in accordance with the provisions of 21 U.S.C. §853(n), notice of this Order and notice of its intent to dispose of the subject property in such manner as the Attorney General may direct.
5. The United States shall also provide written notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding in accordance with Fed. R. Crim. P. 32.2(b)(6).
6. That pursuant to Fed. R. Crim. P. 32.2(b)(4), this Consent Order of Forfeiture shall become final as to Defendant Guillermo Munoz-Montalban at the time of sentencing and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2).
7. That following the Court's disposition of all petitions filed pursuant to 21 U.S.C. §853(n), or, if no such petitions are filed, following the expiration of the period for the filing of such petitions, the United States shall have clear title to the subject property.
8. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e).
ORDERED.
