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United States v. Atuana, S4 16 Cr. 672 (KPF). (2020)

Court: District Court, S.D. New York Number: infdco20200211e98 Visitors: 11
Filed: Feb. 07, 2020
Latest Update: Feb. 07, 2020
Summary: FINAL ORDER OF FORFEITURE KATHERINE POLK FAILLA , District Judge . WHEREAS, on or about July 25, 2019, the Court entered a Preliminary Order of Forfeiture as to Specific Property/Money Judgment (the "Preliminary Order of Forfeiture") (D.E. 173), which ordered, inter alia, the forfeiture to the United States of all right, title and interest of JOSEPH ATUANA (the "Defendant") in the following property: a. Any and all funds on deposit in Flushing Bank Account Number 1484031905, held in the
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FINAL ORDER OF FORFEITURE

WHEREAS, on or about July 25, 2019, the Court entered a Preliminary Order of Forfeiture as to Specific Property/Money Judgment (the "Preliminary Order of Forfeiture") (D.E. 173), which ordered, inter alia, the forfeiture to the United States of all right, title and interest of JOSEPH ATUANA (the "Defendant") in the following property:

a. Any and all funds on deposit in Flushing Bank Account Number 1484031905, held in the name of Platinum Plus Enterprises, Inc.; and b. Any and all funds on deposit at BMO Harris Bank Account Number 4806348678 held in the name of Platinum Plus Enterprises, Inc.

(collectively, the "Specific Property");

WHEREAS, the Preliminary Order of Forfeiture directed the United States to publish, for at least thirty (30) consecutive days, notice of the Preliminary Order of Forfeiture, notice of the United States intent to dispose of the Specific Property, and the requirement that any person asserting a legal interest in the Specific Property must file a petition with the Court in accordance with the requirements of Title 21, United States Code, Sections 853(n)(2) and (3). The Preliminary Order of Forfeiture further stated that the United States could, to the extent practicable, provide direct written notice to any person known to have an alleged interest in the Specific Property and as a substitute for published notice as to those persons so notified;

WHEREAS, the provisions of Title 21, United State Code, Section 853(n)(1), Rule 32.2(b)(6) of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(5)(a)(ii) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, require publication of a notice of forfeiture and of the Government's intent to dispose of the Specific Property before the United States can have clear title to the Specific Property;

WHEREAS, the Notice of Forfeiture and the intent of the United States to dispose of the Specific Property was posted on an official government internet site (www.forfeiture.gov) beginning on August 22, 2019 for thirty (30) consecutive days, through September 20, 2019, pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions and proof of such publication was filed with the Clerk of the Court on February 6, 2020 (D.E. 174);

WHEREAS, no petitions to contest the forfeiture as to the Specific Property have been filed or made in this action, no parties have appeared to contest the action to date, and the statutory time periods for doing so, as set forth in Title 21, United States Code, Section 853(n)(2), have expired;

WHEREAS, the Defendant is the only person and/or entity known by the Government to have a potential interest in the Specific Property; and

WHEREAS, pursuant to Title 21, United States Code, Section 853(n)(7), the United States shall have clear title to any forfeited property following the Court's disposition of all petitions filed under Title 21, United States Code, Section 853(n);

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

1. All right, title and interest in the Specific Property is hereby forfeited and vested in the United States of America, and shall be disposed of according to law.

2. Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Specific Property.

3. The United States Marshals Service (or its designee) shall take possession of the Specific Property and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h).

4. The Clerk of the Court shall forward four certified copies of this Final Order of Forfeiture to Assistant United States Attorney Alexander Wilson, Co-Chief, Money Laundering and Transnational Criminal Enterprises Unit, United States Attorney's Office, Southern District of New York, One St. Andrew's Plaza, New York, New York 10007.

SO ORDERED.

Source:  Leagle

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