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U.S. v. Buchanan, 3:14CR050. (2015)

Court: District Court, S.D. Ohio Number: infdco20150213b25 Visitors: 20
Filed: Feb. 12, 2015
Latest Update: Feb. 12, 2015
Summary: FINAL ORDER OF FORFEITURE OF PROPERTY AS TO DEFENDANT TIMOTHY B. BUCHANAN THOMAS M. ROSE, District Judge. WHEREAS, on July 25, 2014, this Court entered a Preliminary Order of Forfeiture, (Doc. 11) ordering the forfeiture pursuant to 18 U.S.C. 981(a)(1)(C) and 28 U.S.C. 2461(c), and 7 U.S.C. 2024(e) and (f), of the following property: a) $2,299.25 in U.S. Currency; b) $699.05 in U.S. Currency; c) Two English Pounds; d) Five Miscellaneous Foreign Coins; e) Two Silver Ten Cent Coins;
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FINAL ORDER OF FORFEITURE OF PROPERTY AS TO DEFENDANT TIMOTHY B. BUCHANAN

THOMAS M. ROSE, District Judge.

WHEREAS, on July 25, 2014, this Court entered a Preliminary Order of Forfeiture, (Doc. 11) ordering the forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), and 7 U.S.C. § 2024(e) and (f), of the following property:

a) $2,299.25 in U.S. Currency; b) $699.05 in U.S. Currency; c) Two English Pounds; d) Five Miscellaneous Foreign Coins; e) Two Silver Ten Cent Coins; f) Seven Silver 25 Cent Coins; g) 1997 Proof Silver Eagle Coin; h) Six U.S. Dollar Coins; i) 79 Silver 50 Cent Pieces; j) 1967 50 Cent Piece; k) Two Half Dollars; l) 27 Silver Dollars; m) Eisenhower Dollar; n) 1986 Silver Eagle Coin; o) Silver Ounce Coin; p) 1997 UNC Silver Eagle Coin; q) Vizio TV, SN: LAQKLJAM3802348; r) GFM TV, SN: R527OHD91436; s) LG TV, SN: 108WTPV28816; t) Samsung TV, SN: Z4VG3CCCB005976; and u) Seki Flatscreen TV, SN: 46S1M8119S003459;

WHEREAS, the United States published notice of this forfeiture action and the intent of the United States to dispose of the property in accordance with law, and further notified all parties of their right to petition the Court for a hearing to adjudicate the validity of their alleged interest in the property, beginning on July 29, 2014 and continuing for at least thirty (30) consecutive days, on the www.forfeiture.gov website (Doc. 15); and

WHEREAS, the United States did not send direct written notice of the Preliminary Order of Forfeiture in accordance with Rule 32.2(6)((D) as there were no persons who reasonably appeared to be a potential claimant with standing to contest the forfeiture of the property in the ancillary proceeding; and

WHEREAS, no timely petition has been filed to the property listed above; and

WHEREAS, the Defendant was sentenced and a Judgment was filed on September 5, 2014 (Doc. 13) and the Judgment ordered the forfeiture of the above-referenced property; and

WHEREAS, the Court finds that defendant had an interest in the property; the United States has established the requisite nexus between the property and the offense; and the United States has established that the property is subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), and 7 U.S.C. § 2024(e) and (f);

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Preliminary Order of Forfeiture entered in this action on July 25, 2014 (Doc. 11), ordering the forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), and 7 U.S.C. § 2024(e) and (f) of the following property:

a) $2,299.25 in U.S. Currency; b) $699.05 in U.S. Currency; c) Two English Pounds; d) Five Miscellaneous Foreign Coins; e) Two Silver Ten Cent Coins; f) Seven Silver 25 Cent Coins; g) 1997 Proof Silver Eagle Coin; h) Six U.S. Dollar Coins; i) 79 Silver 50 Cent Pieces; j) 1967 50 Cent Piece; k) Two Half Dollars; l) 27 Silver Dollars; m) Eisenhower Dollar; n) 1986 Silver Eagle Coin; o) Silver Ounce Coin; p) 1997 UNC Silver Eagle Coin; q) Vizio TV, SN: LAQKLJAM3802348; r) GFM TV, SN: R527OHD91436; s) LG TV, SN: 108WTPV28816; t) Samsung TV, SN: Z4VG3CCCB005976; and u) Seki Flatscreen TV, SN: 46S1M8119S003459

is final; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all right, title and interest to the property described above is hereby condemned, forfeited and vested in the United States of America and the United States has clear title to the property; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the custodian of the property is hereby authorized to dispose of the property in accordance with the law; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the United States District Court shall retain jurisdiction in the case for the purpose of enforcing this Final Order of Forfeiture.

SO ORDERED.

Source:  Leagle

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