Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Tatia Marie Valenzuela, Defendant.
IT IS HEREBY ORDERED THAT:

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-04-0952-PHX-SMM Plaintiff, v. PRELIMINARY ORDER OF FORFEITURE

As the result of the guilty plea to Count 5 of the Indictment, charging the defendant with a

16 violation of 18 U.S.C. §1344(1) and (2), Bank Fraud, for which the Government sought 17 forfeiture in the forfeiture allegation pursuant to 18 U.S.C. §982, defendant shall forfeit to the 18 United States: a. All property constituting or derived from, proceeds the defendant obtained directly or 19 20 indirectly, as the result of Bank Fraud violations; The Court has determined, based on defendant's plea agreement, that the following property 21 22 is subject to forfeiture pursuant to 18 U.S.C. §982, that the defendant has an interest in such 23 property, and that the government has established the requisite nexus between such property and 24 such offenses: 25 26 27 28 Description of Item 1 Canon-Elura 65 Digital Video Camcorder 2 Husky Tool Set, 254 Piece purchased from Home Depot

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3 Sony Network Handycam iP DCR - iP220 Digital Camcorder 4 Sony Sub-Woofer S/N 0826078 - Model STRK4800PW/059 5 Cider Mill - 18" Easy Turn and 20' Chain 6 Cider Mill Treg Trolley 32" Cable 7 Tie Out Stake 18" Spiral Stake 8 2 - Candy Jewelry Purse "Best Sweet" 9 Sony Handycam DCR-HC20 10 Dewalt DC4KITA 18 volt 4-tool combo 11 Sony CD/DVD Player DVP-NC675F 5-Disc Changer S/N 2025484 12 Bissell - "Little Green" Compact Multi-Purpose Cleaner, SKU#409559 P/O # 54162747 13 Dewalt DG4KITA 18 volt 4 piece tool set 14 Dewalt DC4KITA 18 volt 4 piece tool set 15 Panasonic - VDR-M5 DPP DVD Video Camera S/N 40522069 16 Panasonic VDR - M5 DPP 17 Sony Receiver Surround Sound w/5 speakers and Sub-Woofer S/N P812419 18 Dyson - Steel Yellow Vac. 329-99 S/N 110-US-034902

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19 Magnavox TV/DVD/VCR Silver Casing S/N DD01411126518 20 Emerson TV/DVD/VCR Combo Silver No Lock S/N N41396444 21 Philips TV Silver/Grey S/N 20PT643R01 22 Pet Mint Tent "The Pet Set" 23 Apple Power Book G4 15" Widescreen display S/N W84172EFQHX 24 HP Pavilion Z+ 334DUS Laptop S/N CND42404Q3 25 Dewalt 18 volt 4 tool set 26 Dewalt DC 988SA Heavy Duty XRP Cordless 4 piece set 18 volt 27 Honeywell Quiet Care HEPA Air Cleaner 28 Bushnell Imageview Binoculars W/Digital Camera 29 Canon Multipass Printer MP370 Photo/Printer/Copier/Scanner S/N UDB03172 30 Panasonic KX-FHD 331 Fax/Copier 31 Whirlpool True HEPA Air Purifier S/N QP5211790 32 Camping Comforts Deluxe Lounge Chair 33 Initial - Portable DVD Player IDM-1210 S/N DAB4231045424N 34 Sony DVD/VCR Combo Silver (color)

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Upon the entry of this Order, the United States is authorized to seize the property listed

2 above and to conduct any discovery proper in identifying, locating or disposing of the property 3 subject to forfeiture, in accordance with Fed. R. Crim. P. 32.2(b)(3). 4 Upon entry of this Order, the United States/Attorney General (or a designee); is authorized

5 to commence any applicable proceeding to comply with statutes governing third party rights, 6 including giving notice of this Order. 7 The United States shall publish notice of the Order and its intent to dispose of the property

8 in such a manner as the United States/Attorney General (or a designee), may direct. The United 9 States may also, to the extent practicable, provide written notice to any person known to have 10 an alleged interest in the property. 11 Any person, other than the above named defendant, asserting a legal interest in the property

12 may, within thirty days of the final publication of notice or receipt of notice, whichever is earlier, 13 petition the court for a hearing without a jury to adjudicate the validity of his alleged interest in 14 the property, and for an amendment of the order of forfeiture, pursuant to 21 U.S.C. § 853(n) or 15 28 U.S.C. § 2461(c). 16 Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Preliminary Order of Forfeiture shall become

17 final as to the defendant at the time of sentencing and shall be made part of the sentence and 18 included in the judgment. If no third party files a timely claim, this Order shall become the Final 19 Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2). 20 Any petition filed by a third party asserting an interest in the property shall be signed by

21 the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's 22 right, title, or interest in the property, the time and circumstances of the petitioner's acquisition 23 of the right, title or interest in the property, any additional facts supporting the petitioner's claim 24 and the relief sought. 25 After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before

26 a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of 27 28
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1 Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual 2 issues. 3 The United States shall have clear title to the property listed herein following the Court's

4 disposition of all third-party interests, or, if none, following the expiration of the period 5 provided in 21 U.S.C. § 853(n)(2), for the filing of third party petitions. 6 The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,

7 pursuant to Fed. R. Crim. P. 32.2(e). 8 The Clerk of the Court shall forward two certified copies of this order to Assistant U.S.

9 Attorney LISA ROBERTS, U.S. Attorney's Office, Two Renaissance Square, 40 North Central 10 Avenue, Suite 1200, Phoenix, Arizona 85004-4408, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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SO ORDERED:

DATED this 29th day of September, 2005.

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