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U.S. v. McDOWELL, C-2-13-201(1). (2014)

Court: District Court, S.D. Ohio Number: infdco20141008b91 Visitors: 7
Filed: Sep. 29, 2014
Latest Update: Sep. 29, 2014
Summary: FINAL ORDER OF FORFEITURE GREGORY L. FROST, District Judge. WHEREAS, on January 31, 2014, the Court entered a Preliminary Order of Forfeiture (Doc. 75) ordering Defendant Christopher C. McDowell to forfeit to the United States the property subject to forfeiture in Forfeitures A and B of the Superseding Information, pursuant to 18 U.S.C. 924(d)(1) and 21 U.S.C. 853(a)(1); and, WHEREAS, for 30 consecutive days beginning on February 6, 2014, the United States published notice (Doc. 78) of th
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FINAL ORDER OF FORFEITURE

GREGORY L. FROST, District Judge.

WHEREAS, on January 31, 2014, the Court entered a Preliminary Order of Forfeiture (Doc. 75) ordering Defendant Christopher C. McDowell to forfeit to the United States the property subject to forfeiture in Forfeitures A and B of the Superseding Information, pursuant to 18 U.S.C. § 924(d)(1) and 21 U.S.C. § 853(a)(1); and,

WHEREAS, for 30 consecutive days beginning on February 6, 2014, the United States published notice (Doc. 78) of this forfeiture on the government's internet website, www.forfeiture.gov, which provided potential claimant's 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 interest in the forfeited property. There are no parties known to the United States who may have an interest in the subject property; and,

WHEREAS, on July 1, 2014, this Court held Defendant Christopher C. McDowell's sentencing hearing and verbally pronounced the forfeiture of the subject property and issued its Judgment (Doc. 106) ordering Defendant Christopher C. McDowell to forfeit to the United States the property described herein; and,

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

WHEREAS, the Court finds that Defendant Christopher C. McDowell had an interest in the property that is subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 21 U.S.C. § 853(a)(1) for violations of 18 U.S.C. § 924(c)(1)(A)(i) and 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(ii);

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:

Two Thousand Five Hundred Thirty-Six and 00/100 Dollars ($2,536.00) in United States Currency; Five (5) casino tokens or gaming chips issued by the Hollywood Casino, Columbus, Ohio, valued at $1,000.00 each, for a total value of $5,000.00; One Hundred Eight Thousand Eight Hundred Fifty-Six and 00/100 Dollars ($108,856.00) in United States Currency; Assorted jewelry including: A 8.5 inch long white gold and diamond bracelet; A white gold and diamond cross pendant; and, A 33.25 inch long white gold and diamond necklace; Fifty Thousand and 00/100 Dollars ($50,000.00) in United States Currency; A Smith & Wesson .223 caliber rifle, SN: SP07670, including any ammunition; A Smith & Wesson 40 caliber handgun, SN: DSJ1949, including any ammunition; and, A Glock, Model 17, 9mm handgun, SN: KNL500, including any ammunition.

2. That the designated agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and/or 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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