PRELIMINARY ORDER OF FORFEITURE FOR A PERSONAL MONEY JUDGMENT AND SUBSTITUTE ASSETS AGAINST DEFENDANT JOHN BOWEN

PHILIP A. BRIMMER, District Judge.

This matter comes before the Court on the United States' Motion for Preliminary Order of Forfeiture for a Personal Money Judgment against Defendant John Bowen pursuant to Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure [Docket No. 578]. The Court, having read said Motion and being fully advised in the premises, finds:

1. On May 5, 2014, the grand jury charged defendant John Bowen in Counts 1, 3, 4, and 7 through 29 with violations of 18 U.S.C. § 371, 21 U.S.C. § 841 (a)(1) and (b)(1)(C), 18 U.S.C. § 1957, and 18 U.S.C. § 1956(h), respectively. The Indictment seeks forfeiture in the form of a personal money judgment against defendant John Bowen pursuant to 18 U.S.C. § 982(a)(1) and 21 U.S.C. § 853 in the am ount of $1,800,000.00 [Docket No. 1]. The United States Amended First Bill of Particulars for Forfeiture of Property [Docket No. 115] further identified the following property as subject to forfeiture:

2. On December 15, 2014, the United States and defendant John Bowen entered into a Plea Agreement [Docket No. 468]. The Plea Agreement provides, inter alia, that the defendant agreed to plead guilty to Counts 1, 3, and 22 and further to forfeit any and all proceeds defendant obtained as a result of the counts of conviction, including a forfeiture money judgment in the amount of $1,800,000 and, as substitute assets, the above-described real property.

Wherefore, it is

ORDERED that $1,800,000.00 is subject to forfeiture as proceeds obtained through commission of the offenses in Counts 1, 3, and 22, directly or indirectly, to which defendant Bowen has pled guilty. It is further

ORDERED that a Preliminary Order of Forfeiture for a Personal Money Judgment against defendant John Bowen in the amount of $1,800,000.00, to be held jointly and severally liable with any forfeiture money judgment entered against co-defendant Daniel Bernier, is entered in accordance with 18 U.S.C. § 982(a)(1) and 21 U.S.C. § 853. Pursuant to Federal Rule of Criminal Procedure 32.2(b)(4), this Forfeiture Money Judgment shall become final as to defendant John Bowen at the time of sentencing and shall be made part of the sentence and included in the judgment. It is further

ORDERED that, pursuant to the provisions of 21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c), 18 U.S.C. § 982(b), and Rule 32.2(e)(1)(B), defendant John Bowen's interest in the substitute assets identified above is hereby forfeited to the United States for disposition according to law. It is further

ORDERED that, pursuant to 21 U.S.C. § 853(g), the United States is directed to seize the properties subject to forfeiture and to enter those real properties for the purpose of determining the physical condition of the real properties and begin the process of stabilizing and/or repairing those properties, and further to make return as provided by law. It is further

ORDERED that the United States shall further take possession of any funds held by the former property manager, collect any rents due, pay any necessary debts and otherwise manage the properties to the extent necessary so as to maximize the value upon forfeiture. It is further

ORDERED that this Preliminary Order of Forfeiture may be amended pursuant to Fed. R. Crim. P. 32.2(e)(1).