Filed: Jul. 24, 2015
Latest Update: Jul. 24, 2015
Summary: ORDER OF FORFEITURE RICHARD A. JONES , District Judge . THIS MATTER having come before the Court on the government's motion for entry of an order of forfeiture and and the Court having reviewed the motion and the record in the case, and being fully advised, finds, On July 7, 2014, Defendant JUAN GALLINAL entered into a Plea Agreement with the United States in which the Defendant entered a guilty plea to the offenses charged in Counts 1-4 of the Indictment, Conspiracy to Distribute Controll
Summary: ORDER OF FORFEITURE RICHARD A. JONES , District Judge . THIS MATTER having come before the Court on the government's motion for entry of an order of forfeiture and and the Court having reviewed the motion and the record in the case, and being fully advised, finds, On July 7, 2014, Defendant JUAN GALLINAL entered into a Plea Agreement with the United States in which the Defendant entered a guilty plea to the offenses charged in Counts 1-4 of the Indictment, Conspiracy to Distribute Controlle..
More
ORDER OF FORFEITURE
RICHARD A. JONES, District Judge.
THIS MATTER having come before the Court on the government's motion for entry of an order of forfeiture and and the Court having reviewed the motion and the record in the case, and being fully advised, finds,
On July 7, 2014, Defendant JUAN GALLINAL entered into a Plea Agreement with the United States in which the Defendant entered a guilty plea to the offenses charged in Counts 1-4 of the Indictment, Conspiracy to Distribute Controlled Substances by Means of Internet, in violation of Title 21, United States Code, Sections 823(f), 841(h)(1), 841(b)(1)(E), and 846; Conspiracy to Distribute Controlled Substances, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(E), and 846; Conspiracy to Introduce Misbranded Prescription Drugs Into Interstate Commerce, in violation of Title 21, United States Code, Sections 331(a), 333(a)(2), 353(b)(1), and Title 18, United States Code, Section 2; Conspiracy to Commit Money Laundering, in violation of Title 18, United States Code, Sections 1956(a)(1) and (h); and further agreed to forfeit to the United States a money judgment totaling One Million, Nine Hundred Ninety-Two Thousand, Six Hundred Forty-Three Dollars ($1,992,643.00), representing proceeds obtained as a result of the offenses charged in Counts 1-4 of the Indictment, and
Rule 32.2(c)(1) provides that "no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment,"
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Defendant shall forfeit to the United States:
A Money Judgment totaling One Million, Nine Hundred Ninety-Two Thousand, Six Hundred Forty-Three Dollars ($1,992,643.00), representing proceeds obtained as a result of the offenses charged in Counts 1-4 of the Indictment,
which is subject to forfeiture pursuant to Title 21, United States Code, Section 853 and Title 18, United States Code, Section 982(a)(1).
IT IS FURTHER ORDERED that the United States District Court shall retain jurisdiction in the case for the purpose of enforcing this Order;
IT IS FURTHER ORDERED that pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall become final as to the defendant as of the time of sentencing, and shall be made part of the sentence and included in the judgment;
IT IS FURTHER ORDERED that the United States may, at any time, move pursuant to Rule 32.2(e) to amend this Order of Forfeiture to substitute property having a value not to exceed $1,992,643.00 to satisfy the money judgment in whole or in part; and
The Clerk of the Court is directed to send a copy of this Order of Forfeiture to all counsel of record.
IT IS SO ORDERED.
