PRELIMINARY ORDER OF FORFEITURE

GREGORY L. FROST, District Judge.

WHEREAS, the Indictment (Doc. 1) returned in this action contained a forfeiture allegation notifying Defendants Christopher T. Wolfe, Michael L. Johnson, Terry J. McNickle, Mark D. Wolfe, and Joey L. Jarrell that the United States sought the forfeiture of specific property, pursuant to 18 U.S.C. §981(a)(1)(C) and 28 U.S.C. §2461(c) and 18 U.S.C. §982(a)(1), based on the conduct of Defendants Christopher T. Wolfe, Michael L. Johnson, Terry J. McNickle, Mark D. Wolfe, and Joey L. Jarrell as more particularly described in the Indictment, in violation of 18 U.S.C. §371, 18 U.S.C. §641, 18 U.S.C. §1956, and 18 U.S.C. §1957, which property is fully described below ("subject property"); and

WHEREAS, on January 16, 2015, Defendant Christopher T. Wolfe entered a Plea of Guilty to Count One of the Indictment; and

WHEREAS, in the Plea Agreement (Doc. 109) filed January 15, 2015, Defendant Christopher T. Wolfe agreed to the forfeiture of the $410,406.70 in United States currency and a 2012 John Deere tractor as listed in the forfeiture allegation of the Indictment. Defendant Christopher T. Wolfe agreed not to contest the forfeiture, whether administrative, civil or criminal of the United States currency and tractor that are the subject of the forfeiture allegation in that said subject property constitutes proceeds, or was derived from proceeds of the criminal activity as alleged in Count One of the Indictment. Defendant Christopher T. Wolfe further agreed to assist the United States to resolve in its favor any third-party claims to the subject property and gave up any rights he may have to notice and an opportunity to be heard concerning the forfeiture and disposition of the subject property.

WHEREAS, on January 16, 2015, Defendant Michael L. Johnson entered a Plea of Guilty to Count One of the Indictment; and

WHEREAS, in the Plea Agreement (Doc. 116) filed January 15, 2015, Defendant Michael L. Johnson agreed to the forfeiture of the $410,406.70 in United States currency and a 2012 John Deere tractor as listed in the forfeiture allegation of the Indictment. Defendant Michael L. Johnson agreed not to contest the forfeiture, whether administrative, civil or criminal of the United States currency and tractor that are the subject of the forfeiture allegation in that said subject property constitutes proceeds, or was derived from proceeds of the criminal activity as alleged in Count One of the Indictment. Defendant Michael L. Johnson further agreed to assist the United States to resolve in its favor any third-party claims to the subject property and gave up any rights he may have to notice and an opportunity to be heard concerning the forfeiture and disposition of the subject property.

WHEREAS, on January 16, 2015, Defendant Terry J. McNickle entered a Plea of Guilty to Count One of the Indictment; and

WHEREAS, in the Plea Agreement (Doc. 114) filed January 15, 2015, Defendant Terry J. McNickle agreed to the forfeiture of the $410,406.70 in United States currency and a 2012 John Deere tractor as listed in the forfeiture allegation of the Indictment. Defendant Terry J. McNickle agreed not to contest the forfeiture, whether administrative, civil or criminal of the United States currency and tractor that are the subject of the forfeiture allegation in that said subject property constitutes proceeds, or was derived from proceeds of the criminal activity as alleged in Count One of the Indictment. Defendant Terry J. McNickle further agreed to assist the United States to resolve in its favor any third-party claims to the subject property and gave up any rights he may have to notice and an opportunity to be heard concerning the forfeiture and disposition of the subject property.

WHEREAS, on January 16, 2015, Defendant Mark D. Wolfe entered a Plea of Guilty to Count One of the Indictment; and

WHEREAS, in the Plea Agreement (Doc. 108) filed January 15, 2015, Defendant Mark D. Wolfe agreed to the forfeiture of the $410,406.70 in United States currency and a 2012 John Deere tractor as listed in the forfeiture allegation of the Indictment. Defendant Mark D. Wolfe agreed not to contest the forfeiture, whether administrative, civil or criminal of the United States currency and tractor that are the subject of the forfeiture allegation in that said subject property constitutes proceeds, or was derived from proceeds of the criminal activity as alleged in Count One of the Indictment. Defendant Mark D. Wolfe further agreed to assist the United States to resolve in its favor any third-party claims to the subject property and gave up any rights he may have to notice and an opportunity to be heard concerning the forfeiture and disposition of the subject property.

WHEREAS, on January 16, 2015, Defendant Joey L. Jarrell entered a Plea of Guilty to Count One of the Indictment; and

WHEREAS, in the Plea Agreement (Doc. 110) filed January 15, 2015, Defendant Joey L. Jarrell agreed to the forfeiture of the $410,406.70 in United States currency and a 2012 John Deere tractor as listed in the forfeiture allegation of the Indictment. Defendant Joey L. Jarrell agreed not to contest the forfeiture, whether administrative, civil or criminal of the United States currency and tractor that are the subject of the forfeiture allegation in that said subject property constitutes proceeds, or was derived from proceeds of the criminal activity as alleged in Count One of the Indictment. Defendant Joey L. Jarrell further agreed to assist the United States to resolve in its favor any third-party claims to the subject property and gave up any rights he may have to notice and an opportunity to be heard concerning the forfeiture and disposition of the subject property.

WHEREAS, by virtue of said Indictment, Guilty Pleas, and Plea Agreements the Court has determined that the requisite nexus exists between the subject property and Count One of the Indictment, that the subject property is forfeitable pursuant to 18 U.S.C. §981(a)(1)(C) and 28 U.S.C. §2461(c) and 18 U.S.C. §982(a)(1), and that the United States is now entitled to possession of the subject property.

1. That Defendants Christopher T. Wolfe, Michael L. Johnson, Terry J. McNickle, Mark D. Wolfe, and Joey L. Jarrell shall forfeit to the United States the subject property that is:

2. That the designated agent with the United States Secret Service shall immediately seize the subject property and hold same in his secure custody and control.

3. That the United States is authorized to conduct any discovery proper in identifying, locating or disposing of the subject property in accordance with Fed. R. Crim. P. 32.2(b)(3).

4. That the United States shall publish, in accordance with the provisions of 21 U.S.C. §853(n), notice of this Order and notice of its intent to dispose of the subject property in such manner as the Attorney General may direct.

5. The United States shall also provide written notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding in accordance with Fed. R. Crim. P. 32.2(b)(6).

6. That pursuant to Fed. R. Crim. P. 32.2(b)(4), this Preliminary Order of Forfeiture shall become final as to Defendants Christopher T. Wolfe, Michael L. Johnson, Terry J. McNickle, Mark D. Wolfe, and Joey L. Jarrell at the time of sentencing and shall be made part of the sentences and included in the judgments. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2).

7. That following the Court's disposition of all petition filed pursuant to 21 U.S.C. §853(n), or, if no such petitions are filed, following the expiration of the period for the filing of such petitions, the United States shall have clear title to the subject property.

8. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e).

ORDERED.