PRELIMINARY ORDER OF FORFEITURE
ROBERT H. CLELAND, District Judge.
The United States filed an Application for Entry of Preliminary Order of Forfeiture ("Application") seeking a forfeiture order pursuant to 18 U.S.C. § 1963(a)(1)-(3), for (a) any and all interest Michael William Mastromatteo ("Defendant") has acquired or maintained in violation of 18 U.S.C. § 1962; (b) any and all interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any Enterprise named and described in Count One of the Third Superseding Indictment which Defendant established, operated, controlled, conducted or participated in the conduct of, in violation of 18 U.S.C. § 1962; and (c) any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, from racketeering activity in violation of 18 U.S.C. § 1962, including the following: (Note: "DD" referenced in the chart below means "Devils Diciples".)
Item Number Item Description
22 Norinco Sporter Assault Rifle, Model SKS, S/N 12219790,
7.62mm with magazines and miscellaneous ammunition
23 One bin containing miscellaneous boxes of ammunition
24 SWD-INC M11/9, 9mm, S/N: 89-0013761 w/magazines
42 Smith & Wesson Model 57 .41 caliber revolver, S/N:
N490895 and black cloth case
268 Nine framed DD mirrors
270 Black leather vest with DD patches on the back
271 One black leather vest with miscellaneous DD patches
272 One black leather vest with miscellaneous DD patches
273 One black leather vest with miscellaneous DD patches and
pins
274 One black leather vest with miscellaneous DD patches and
pins
275 One black leather vest with DD patches on the back
276 One black leather vest with miscellaneous DD patches and
pins
277 Miscellaneous DD memorabilia: one magnet and three
patches
287 Red DD flag with swastika symbol signed by club members
288 Miscellaneous DD clothing items: 10 t-shirts, one blue satin
jacket and one black jacket
293 Two DD plaques
295 One DD plaque
299 One black leather vest with miscellaneous DD patches and
pins
300 One black leather vest with DD patches on the back
301 One Lite Industries green protective vest
302 One black velvet DD grave blanket
306 Miscellaneous DD memorabilia: seven patches
317 One poster board with four pictures of DD members
324 One gold colored men's ring with "EK" engraved
325 One 9mm black magazine
326 One handgun magazine, black
327 Eleven 9mm rounds
328 Twelve 9mm rounds
329 Miscellaneous ammunition, one bag
330 One gold colored men's ring with "Devils Diciples"
engraved, One gold colored men's ring in the form of "44"
353 Remington Shotgun, Model Wingmaster 870, S/N
S665325V, 12-gauge with barrel for Winchester Model
1200, 12-gauge shotgun (1B54)
372 One wood fore-stock
373 One black leather DD vest with "property of Iron" patches
on the back
374 One DD belt, one leather DD belt
375 One wallet with DD logo with chain attached, leather
376 One Foodsaver, compact vacuum sealer
377 One black leather vest with DD patches
378 One black leather vest with DD patches, one black leather
vest with miscellaneous patches and pins
380 One framed DD award with photograph
387 One framed photograph, DD
388 Two DD logo patches
390 One DD trophy for annual poker run
399 One DD benefit CD
400 Miscellaneous DD memorabilia
401 Seven DD tee shirts and three DD sweatshirts
403 One Pelouze electronic scale
477 Smith & Wesson Model 342 .38 caliber revolver, S/N:
CER5400
482 Walther Model PPK .32 caliber pistol, S/N: 326504K
514 Casino Poker Machine, Cal Omega (Manufacturer), S/N
800910
514 $8.50 removed from Slot Machine in 1B
515 Draw Poker Machine, Casino Electronics (Manufacturer),
Model 327-510, S/N M-2977
516 $93.25 removed from Slot Machine in 1B 516
516 All American Slot Machine, Bally's (Manufacturer), Model
S63U3WT-10, S/N S970518491
517 777 Slot Machine, Bally's (Manufacturer), Model
S65L3CT60, S/N S970316561
517 $31.00 removed from Slot Machine in 1B 517
520 FEG/KBI pistol, Model PJK-9HP, S/N G02677, 9mm
caliber
529 Two shotgun rounds, one .410-gauge round, 40 rounds .45
caliber, magazine with seven rounds of .45 caliber
536 Roaring '20's Slot Machine, Bally's (Manufacturer), Model
S62M3CT-10, S/N 5970519159
536 $16.75 removed from Slot Machine in 1B 536
543 DD 2003 Calendar
545 1 Maxell CD-R, 700 mb, DD by-laws
546 One Devil's Disciples gold ring "20 years" and ring box
603 Five .380 caliber rounds
604 AMT Pistol, Model Backup, S/N D00709, .380 caliber
605 Winchester Defender Shotgun, S/N L2079329, 12-gauge
606 Seven 12-gauge Winchester shotgun shells
607 One box 12-gauge shotgun shells
609 2 Bar Slot Machine, Bally's (Manufacturer), Model
S63L3WT-10, S/N S940202515
609 $169.50 removed from Slot Machine in 1B 609
610 3 Bar Slot Machine — Wild Rose, Bally's (Manufacturer),
Model S62B3VT-10, S/N S930805443
610 $69.00 removed from Slot Machine in 1B 610
611 3 Bar Slot Machine — 7 Second Chance, Bally's
(Manufacturer), Model S63U3WT10, S/N S950100082
611 $234.00 removed from Slot Machine in 1B 611
612 3 Bar Slot Machine — Blazing 777, Bally's (Manufacturer),
Model S63U3CT-70, S/N S970316959
612 $74.75 removed from Slot Machine in 1B 612
613 3 Bar Slot Machine — Blazing 777, Bally's (Manufacturer),
Model S63BCT-60, S/N S970316552
613 $89.50 removed from Slot Machine in 1B 613
614 Crossman Air Rifle, Model 140, No S/N .22 caliber
615 "44" Photo Plaque with one photo
616 "Vern DDMC" picture plaque with one photo
617 Surveillance video monitor and two cameras
618 DD photo collage
620 One bag containing numerous .357 magnum rounds
625 DD Biker photo collage
804 Colt Revolver, Trooper Mark III, S/N 16805L, .357 caliber
805 Glock Pistol, Model 17, S/N DM075US, 9mm
806 Shotgun, make and model unknown, S/N 167347, 12-gauge
with knife in leather case attached to firearm
807 Remington Rifle, Model 722, S/N 138392 with black gun
sight, Universal Gamegetter, S/N RE-12
808 Mossberg Shotgun, Model 500A, S/N K429784, 12-gauge
809 CBC (Compania Braziliera de
Cartuchos) Shotgun, Model 586, S/N 74823, 12-gauge
810 Winchester Rifle, Model 1917, S/N 442789, .30-06 caliber
with black gun sight, Redfield Gun Sight Company, S/N
A39146
811 Remington Arms Company Shotgun, Model Sportsman,
S/N 512449, 12-gauge
812 Unknown shotgun, Model Unknown, No S/N, 12-gauge
813 Remington Arms Company Shotgun, Model 870 Express,
S/N W886502M, 12-gauge
814 Mossberg Shotgun, Model 500A, S/N J501722, 12-gauge
817 Ruger Model Mark II .22 caliber pistol, S/N: 216-82096
818 AWC Systems Technology .22 caliber silencer, S/N: A-978
826 Glock Handgun, Model 19, S/N SZ500US, 9mm
953 One sealed bag containing three men's gold colored rings,
one silver colored men's ring, one gold colored pendant (all
DD related)
983 Bersa Handgun, Model Thunder 380, S/N 903222, .380
caliber with magazine (1B985) and seven rounds of
ammunition (1B984)
1178 Smith & Wesson Model 4003 .40 caliber pistol, S/N:
VZT3167
1182 Smith & Wesson Model 629 .44 caliber revolver, S/N:
BSR4544
1248 Ithaca shotgun, Model 37-Featherlight, S/N 371322238, 12-gauge
1249 Black leather vest with "Devil's Diciples" insignia
1346 Winchester Model 300 20-gauge shotgun, S/N: Q77685
1347 Taurus Model 85 .38 special revolver, S/N: ND91244
n/a 1 Ashiba Digital Scale, Model 1625 with case
n/a 8 each, 9mm Luger Rounds
n/a Norinco Pistol, Semi Auto, Model 213, 9mm, (made in
China), S/N N1106873, and one magazine
n/a Mossberg Shotgun, Model 500A, 12-gauge, S/N R360534
n/a Sentry, Model 1170 safe, No. T196490
n/a One black leather vest with miscellaneous DD patches
1183, 1184 Colt Model Mustang Plus II .380 caliber pistol, S/N:
RS49049 with magazine
1185, 1186 Glock GMBH Model G39 .45 caliber pistol, S/N: HCM857
with magazine
1189, 1188 Smith & Wesson Model 296 .44 caliber revolver, S/N:
CDH4327 with magazine
1191, 1190 Keltec, CNC Industries, Inc. Model P32 .32 caliber pistol,
S/N: 16326 with magazine
(Hereinafter, the "Subject Property").
Based upon the information contained in the Application, the contents of Defendant's Rule 11 Plea Agreement, Defendant's conviction for violating 18 U.S.C. § 1962(d) as set forth in Count One of the Third Superseding Indictment, Defendant's agreement to forfeit the Subject Property, and other information in the record, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. Pursuant to 18 U.S.C. § 1963(a)(1)-(3) and Fed.R.Crim.P. 32.2, Defendant shall forfeit to the United States (a) any and all interest Defendant has acquired or maintained in violation of 18 U.S.C. § 1962; (b) any and all interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any Enterprise named and described in Count One of the Third Superseding Indictment which Defendant established, operated, controlled, conducted or participated in the conduct of, in violation of 18 U.S.C. § 1962; and (c) any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, from racketeering activity in violation of 18 U.S.C. § 1962, including, but not limited to, the Subject Property.
2. The Subject Property IS HEREBY FORFEITED to the United States for disposition according to law, and any right, title or interest of Defendant, and any right, title or interest that his heirs, successors, or assigns, have or may have in the Subject Property IS HEREBY AND FOREVER EXTINGUISHED.
3. The Court has determined, based upon the contents of Defendant's Rule 11 Plea Agreement, and other information in the record, that there is a sufficient nexus between the Subject Property and the violation of Count One as set forth in the Third Superseding Indictment in that the Subject Property constitutes an interest acquired or maintained in violation of 18 U.S.C. § 1962(d), and/or constitutes an interest in, security of, claim against, or property or contractual right affording a source of influence over the Enterprise named and described in Count One of the Third Superseding Indictment which Defendant established, operated, controlled, conducted or participated in the conduct of, in violation of 18 U.S.C. § 1962(d), and/or is property constituting, or derived from, proceeds obtained, directly or indirectly, from racketeering activity in violation of 18 U.S.C. § 1962(d).
4. This Order shall become final as to Defendant at the time it is entered and the forfeiture shall be made part of Defendant's sentence and included in Defendant's Judgment.
5. Upon entry of this Preliminary Order of Forfeiture, the United States Attorney General or his designee is authorized to commence any applicable proceeding to comply with the statutes governing third party rights, including giving notice of this Order.
6. Pursuant to 18 U.S.C. § 1963(l), the United States shall publish notice of this Preliminary Order of Forfeiture and of its intent to dispose of the Subject Property in such manner as the Attorney General may direct on www.forfeiture.gov for at least thirty (30) consecutive days. Said notice shall direct that any person, other than the Defendant, asserting a legal interest in the Subject Property, may file a petition with the Court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier. The petition shall be for a hearing before the Court alone, without a jury and in accordance with 18 U.S.C. § 1963(l)(2), to adjudicate the validity of the petitioner's alleged interest in the Subject Property. Pursuant to 18 U.S.C. § 1963(l)(3), any petition filed by a third party asserting an interest in the Subject Property must be signed by the petitioner under penalty of perjury and must set forth the nature and extent of the petitioner's alleged right, title or interest in the Subject Property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the Subject Property, any additional facts supporting the petitioner's claim, and the relief sought. Pursuant to 18 U.S.C. § 1963(l)(1), the United States may also, to the extent practicable, provide direct written notice to any person or entity known to have an alleged interest in the Subject Property.
7. The United States is hereby authorized, pursuant to 18 U.S.C. § 1963(k) and Federal Rules of Criminal Procedure 32.2 (c), to conduct any discovery in the ancillary proceeding in accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is proper and desirable.
8. Pursuant to 18 U.S.C. § 1963(l)(7), following the Court's disposition of any petitions for ancillary hearing, or, if none, following the expiration of the period provided in 18 U.S.C. § 1963(l)(2) for the filing of third party petitions, the United States shall have clear title to the Subject Property, all other interests in the Subject Property shall be FORFEITED to the United States, this Order shall become the Final Order of Forfeiture as provided by Federal Rule of Criminal Procedure 32.2(c)(2), and the United States shall be authorized to dispose of the Subject Property as prescribed by law.
9. Defendant shall not contest, or assist anyone else in contesting, the forfeiture of all of the firearms, silencers and ammunition, U.S. Currency, motorcycles, slot machines, tools, computers, thumb drives, laptops, cameras, monitors, electronic equipment, "Colors" including but not limited to center wheel, vests, pins and patches, clothing, merchandise, jewelry, paraphernalia, and other personal property bearing any Devil's Diciples' labeling, markings, logos or symbols, that were seized in connection with the investigation of this case, as well as those seized in connection with the investigation and prosecution of United States v. Jeff Garvin Smith, et. al., Case No. 11-20066, United States District Court, Eastern District of Michigan, in any forfeiture action or proceeding.
10. Defendant shall not contest the forfeiture of, or file a petition or claim in connection with, any property that the government seeks to forfeit from any other defendant in this case, and from any defendant in United States v. Jeff Garvin Smith, et. al., Case No. 11-20066, United States District Court, Eastern District of Michigan.
11. The Court retains jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e).
IT IS SO ORDERED.
