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U.S. v. Palomera, 2-13-231 (2014)

Court: District Court, S.D. Ohio Number: infdco20140630e87 Visitors: 12
Filed: Jun. 27, 2014
Latest Update: Jun. 27, 2014
Summary: FINAL ORDER OF FORFEITURE GREGORY L. FROST, District Judge. WHEREAS, on February 7, 2014, this Court entered Preliminary Orders of Forfeiture (Doc. 85 and 86), ordering the above-named Defendants Jesus Alcaraz Palomera, Hector Cristobal Franco, Juan Moya Vargas, Edgar Robles Ortiz, aka Jose Perez, Maria Del Carmen Avalos Mata, and Jose Garcia Alvarado to forfeit to the United States the property subject to forfeiture in Forfeiture A of the Indictment pursuant to 21 U.S.C. 853(a)(1) and (2);
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FINAL ORDER OF FORFEITURE

GREGORY L. FROST, District Judge.

WHEREAS, on February 7, 2014, this Court entered Preliminary Orders of Forfeiture (Doc. 85 and 86), ordering the above-named Defendants Jesus Alcaraz Palomera, Hector Cristobal Franco, Juan Moya Vargas, Edgar Robles Ortiz, aka Jose Perez, Maria Del Carmen Avalos Mata, and Jose Garcia Alvarado to forfeit to the United States the property subject to forfeiture in Forfeiture A of the Indictment pursuant to 21 U.S.C. §853(a)(1) and (2);

WHEREAS, for 30 consecutive days beginning February 21, 2014, the United States published notice of this forfeiture on the government's internet site www.forfeiture.gov, which provided potential claimants notice of this forfeiture and of the intent of the United States to dispose of the forfeited property in accordance with the law and further notifying all third parties of their right to petition the Court within sixty (60) days of the initial publication date for a hearing to adjudicate the validity of their alleged legal interest in the property (Doc. 108). In addition, the United States sent direct written notice of this forfeiture action to all parties known to have an interest in the forfeited property (Doc. 121);

WHEREAS, on March 27, 2014, this Court held Defendants Jesus Alcaraz Palomera, Hector Cristobal Franco, Juan Moya Vargas, and, Edgar Robles Ortiz, aka Jose Perez's sentencing hearing and verbally pronounced the forfeiture of the subject property and issued its Judgments (Doc. 113, 115, 117 & 119) ordering Defendants Jesus Alcaraz Palomera, Hector Cristobal Franco, Juan Moya Vargas, and Edgar Robles Ortiz, aka Jose Perez to forfeit to the United States the property described herein. On May 22, 2014, this Court held Defendant, Maria Del Carmen Avalos Mata's sentencing hearing and verbally pronounced the forfeiture of the subject property and issued its Judgment (Doc. 132) ordering Defendant, Maria Del Carmen Avalos Mata to forfeit to the United States the property described herein. On April 24, 2014, this Court held Defendant, Jose Garcia Alvarado's sentencing hearing and verbally pronounced the forfeiture of the subject property and issued its Judgment (Doc. 126) ordering Defendant, Jose Garcia Alvarado to forfeit to the United States the property described herein;

WHEREAS, no petitions asserting a legal interest in the forfeited property were filed and the time for the filing of such petitions has expired;

WHEREAS, the Court finds that Defendants Jesus Alcaraz Palomera, Hector Cristobal Franco, Juan Moya Vargas, Edgar Robles Ortiz, aka Jose Perez, Maria Del Carmen Avalos Mata, and Jose Garcia Alvarado had an interest in the property that is subject to forfeiture pursuant to 21 U.S.C. §853(a)(1) and (2) for violations of 21 U.S.C. §841 et seq. and 21 U.S.C. §846;

NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED:

1. That all right, title and interest in and to the hereinafter described property be and is hereby FORFEITED to the United States of America, said property being described as:

Thirteen Thousand Seven Hundred Thirty-Seven and 00/100 Dollars ($13,737.00) in United States Currency; Twenty-Nine Thousand Eight Hundred Five and 00/100 Dollars ($29,805.00) in United States Currency; and, Seventy-Five Thousand Nine Hundred Forty-Seven and 00/100 Dollars ($75,947.00) in United States Currency.

2. That the United States Marshals Service shall dispose of the property according to law.

3. That any and all claims and interests in and to the above described forfeited property are forever barred and no right, title or interest in the forfeited property shall exist in any other person or entity, and the United States of America shall have clear title to said property and may warrant good title thereto.

Source:  Leagle

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