Free Motion for Forfeiture of Property - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 735

Filed 05/05/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00103-REB-05 UNITED STATES OF AMERICA, Plaintiff, v. 5. JANNICE McLAIN SCHMIDT, Defendant.

MOTION FOR PRELIMINARY ORDER OF FORFEITURE

COMES NOW the United States, by and through Assistant United States Attorney Matthew T. Kirsch, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure, Title 18, United States Code, 981(a)(1)(C), 1956(c)(7), and 1961(1), and Title 28, United States Code, Section 2461, and moves this Court to enter a Preliminary Order of Forfeiture in this case forfeiting to the United States the defendant's interest in real property fully described as follows: Township 27 North, Range 5 West, 6th P.M. Section 27: SE/4 Antelope County, Nebraska Parcel No. 000 38 63 00 and directing the United States Marshals Service, or its designated sub-custodian, to seize the property subject to forfeiture and to publish notice of the forfeiture. In support, Plaintiff states:

Case 1:04-cr-00103-REB

Document 735

Filed 05/05/2006

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Defendant JANNICE McLAIN SCHMIDT was charged by superseding

information with two counts of securities fraud in violation of Title 15, United States Code, Sections 77q(a)(1) & 77x, and Title 18, United States Code, Section 2. 2. The United States and defendant JANNICE McLAIN SCHMIDT have

entered into a Plea Agreement and Statement of Facts Relevant to Sentencing in this case. The Plea Agreement provides, inter alia, that the defendant will forfeit to the United States any and all interest she may have in the property described above. 3. An Order of Forfeiture is necessary in order for the United States Marshals

Service to seize the property subject to forfeiture and to publish notice of the forfeiture, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure. 4. The facts as set forth in the Plea Agreement provide an ample basis for an

Order of Forfeiture. WHEREFORE, the United States moves this Court to enter the Preliminary Order of Forfeiture tendered herewith immediately upon acceptance of the defendant's guilty plea, for the reasons set forth above. Respectfully submitted this 5th day of May, 2006. s/Matthew T. Kirsch Matthew T. Kirsch Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected]

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Case 1:04-cr-00103-REB

Document 735

Filed 05/05/2006

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 5th day of May, 2006, I electronically filed the foregoing MOTION FOR PRELIMINARY ORDER OF FORFEITURE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses:

Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected] Ronald Gainor, Esq. [email protected]

Daniel T. Smith, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Mitchell Baker, Esq. [email protected] Richard K. Kornfeld, Esq. [email protected]

s/Matthew T. Kirsch Matthew T. Kirsch Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected]

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