PRELIMINARY ORDER OF FORFEITURE

GREGORY L. FROST, District Judge.

WHEREAS, the Information (Doc. 9) filed in this action contained a forfeiture allegation (Forfeiture A) notifying Defendant Jeremiah R. Malfroid that the United States sought the forfeiture of specific property, pursuant to 18 U.S.C. § 2253(a)(1) and (3), based on the conduct of Defendant Jeremiah R. Malfroid in Count One of the Information, in violation of 18 U.S.C. §§ 2251(a) and (e), which property is fully described below ("subject property"); and

WHEREAS, on April 2, 2015, Defendant Jeremiah R. Malfroid entered a Plea of Guilty to Count One of the Information; and

WHEREAS, in the Plea Agreement (Doc. 10) filed on March 4, 2015, Defendant Jeremiah R. Malfroid acknowledged liability for the forfeiture alleged in Forfeiture A of the Information involving certain facilitating electronic media devices which were seized from Defendant Jeremiah R. Malfroid at the time of his arrest. Defendant Jeremiah R. Malfroid agreed to co-operate fully in the forfeiture of the computer devices, and/or any accessories, and also agreed not to contest the forfeiture in any way or to assist others in contesting the forfeiture. Defendant Jeremiah R. Malfroid further agreed to abandon any and all pornographic materials seized, whether depicting adults or minors or both, and agreed to abandon all photographs which depict minors, other than photographs of clothed minor members of his own family.

WHEREAS, by virtue of said Information, Guilty Plea, and Plea Agreement the Court has determined that the requisite nexus exists between the subject property and Count One of the Information, that the subject property is forfeitable pursuant to 18 U.S.C. § 2253(a)(1) and (3), and that the United States is now entitled to possession of the subject property.

Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED:

1. That Defendant Jeremiah R. Malfroid shall forfeit to the United States the subject property that is:

2. That the designated agent with Immigration and Customs Enforcement/Homeland Security Investigations 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 Defendant Jeremiah R. Malfroid at the time of sentencing and shall be made part of the sentence and included in the judgment. 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 petitions 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.