Free Order on Motion for Preliminary Order of Forfeiture - District Court of Delaware - Delaware

Case 1 :07-cr-00070-JJF Document 24 Filed O3/25/2008 Page 1 of 3
Case 1:07-cr-0OO70—JJF Document 22 Filed O3/21!2008 Page 5 of 7
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I.»Nl'l`E`D STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 07—70—JIF
DANIEL JOHNSON
Defendant.
PRELIMINARY ORDER OF FORFEITURE
THIS ,§ day of 2008, IT IS HEREBY ORDERED that:
l. As a result of his conviction after a guilty plea on Count I of the Indictment (the
"indictinent"), for which the United States sought forfeiture pursuant to 2l U.S.C. § 853, the
defendant shall forfeit to the United States any property constituting or derived from proceeds
obtained directly or indirectly as a result of the said violation and any property used, or intended
to bc used, in any manner or part, to commit, or to facilitate the commission of the said violation.
2. The Court determines, based on the Stipulation filed by the parties on March 2l, 2008,
that the 1995 Chevrolet Tahoe, registration PC87735, VIN lGNEKl3K9SI429l I3 (the
"Vehicle"), facilitated the offense of conviction and is forfeit to the United States.
3. Upon entry of this Order, the United States Attomey General (or a designee) is authorized
to commence any applicable proceeding to comply with statutes governing third party rights,
including giving notice of this Order.
4. The United States shall publish notice ofthe Order and its intent to dispose of the Vehicle
in such a manner as the United States Attorney General (or a designee) may direct. The United
States may also, to the extent practicable, provide written notice to any person known to have an

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alleged interest in the Vehicle.
5. Any person, other than the above named defendant, asserting a legal interest in the
Vehicle may, within thirty days of the final publication of notice or receipt of notice, whichever
is earlier, petition the Court for a hearing without a jury to adjudicate the validity of the alleged
interest in the Vehicle, and for an amendment of the order of forfeiture, pursuant to 21 U.S.C. §
853(n).
o. Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Preliminary Order of Forfeiture shall become
linal as to the defendant at the time of sentencing and shall be made part ofthe sentence and
included in thejudgment. [fno 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. Any petition filed by a third party asserting an interest in the Vehicle shall be signed by
the petitioner under penalty ofpeijury and shall set forth the nature and extent ofthe petitioner's
right, title, or interest in the Vehicle, the time and circumstances ofthe petitioner's acquisition of
the right, title or interest in the Vehicle, and any additional facts supporting the petitioner's claim
and the relief sought.
8. After the disposition of any motion filed under Fed. R. Crim. P. 32.2(e)(l)(A) and before
a hearing on the petition, discovery may be conducted in accordanee with the Federal Rules of
Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual
issues.
9. The United States shall have clear title to the Vehicle following the Court's disposition of
all third~party interests, or, ifnone, following the expiration ofthe period provided in 2l U.S.C. §
853(n)(2) for the filing of third party petitions.
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l O. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,
pursuant to Ped. R. Crim. P. 32.2(e).
HIOBQRAB E PH J. FARN IR.
U`N} D STATES DISTRICT JUD E
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