Filed: May 03, 2017
Latest Update: May 03, 2017
Summary: PRELIMINARY ORDER AND JUDGMENT OF FORFEITURE LOUISE W. FLANAGAN , District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement entered into by the defendant on December 15, 2015, the Court finds that the following property is hereby forfeitable pursuant to 18 U.S.C. 2320(c) and 2323(b), to wit: A. All counterfeit articles seized, including all parts and accessories; B. Proceeds of $156,932.00 seized from BB&T account numbers 5101511016, 5105531046, 5297522797, and
Summary: PRELIMINARY ORDER AND JUDGMENT OF FORFEITURE LOUISE W. FLANAGAN , District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement entered into by the defendant on December 15, 2015, the Court finds that the following property is hereby forfeitable pursuant to 18 U.S.C. 2320(c) and 2323(b), to wit: A. All counterfeit articles seized, including all parts and accessories; B. Proceeds of $156,932.00 seized from BB&T account numbers 5101511016, 5105531046, 5297522797, and ..
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PRELIMINARY ORDER AND JUDGMENT OF FORFEITURE
LOUISE W. FLANAGAN, District Judge.
WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement entered into by the defendant on December 15, 2015, the Court finds that the following property is hereby forfeitable pursuant to 18 U.S.C. §§ 2320(c) and 2323(b), to wit:
A. All counterfeit articles seized, including all parts and accessories;
B. Proceeds of $156,932.00 seized from BB&T account numbers 5101511016, 5105531046, 5297522797, and 5202082396;
C. Proceeds of $51,988.00 seized from USAA account numbers 0025784544 and 0043624219;
D. 201 Forest Creek Drive, Fayetteville, North Carolina, being legally described in book 9190, page 825 of the Cumberland County registry, North Carolina; and
E. 179 Oakridge Drive, Raeford, North Carolina, being legally described in book 963, page 350 of the Hoke County registry, North Carolina; and
WHEREAS, by virtue of said Memorandum of Plea Agreement and the defendant's agreement therein, the United States is now entitled to possession of said property pursuant to Fed. R. Crim. P. 32.2 (b) (3);
It is, therefore, ORDERED, ADJUDGED and DECREED:
1. That based upon the Memorandum of Plea Agreement as to the defendant, Kurt Michael Krol, the United States is hereby AUTHORIZED to seize the above-stated property, and it is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n), as allowed by Fed. R. Crim. P. 32.2(b)(3). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), this Order and Judgment is final as to the defendant upon entry.
2. That upon sentencing and issuance of the Judgment and Commitment Order, the Clerk of Court is directed to incorporate a reference to this Order and Judgment of Forfeiture in the applicable section of the Judgment, as required by Fed. R. Crim. P. 32.2(b)(4)(B).
3. Pursuant to 21 U.S.C. § 853(n), the United States shall publish notice of this Order and of its intent to dispose of the property in such manner as the Attorney General, the United States Department of Treasury, or the Director of the U. S. Department of Homeland Security directs, by publishing and sending notice in the same manner as in civil forfeiture cases, as provided in Supplemental Rule G(4). Any person other than the defendant, having or claiming any legal interest in the subject property, must file a petition with the Court within 30 days of the publication of notice or of receipt of actual notice, whichever is earlier.
The petition must be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the subject property, and must include any additional facts supporting the petitioner's claim and the relief sought.
4. That upon adjudication of all third party interests this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853, as required by Fed. R. Crim. P. 32.2(c).
so ORDERED.
