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

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PAUL K. CHARLTON United States Attorney District of Arizona LISA ROBERTS Assistant U.S. Attorney Member of New York Bar Two Renaissance Square 40 North Central Avenue Phoenix, Arizona 85004 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-03-1269-PHX-NVW Plaintiff, v. Paul K. Bryan, Defendant. The United States of America, by its undersigned counsel, respectfully submits its MOTION FOR A FINAL ORDER OF FORFEITURE

15 Motion for a Final Order of Forfeiture in the above-entitled case for the reasons set forth 16 below. A proposed order is submitted with this motion. 17 1. Defendant has been convicted of the offenses alleged in Count 1 of the Information

18 in this case. In the Indictment, the United States gave notice to the defendant that, in the 19 event of his conviction, he would be required to forfeit to the United States all proceeds 20 derived from the alleged offenses. 21 2. On or about October 25, 2005, the defendant, Paul K. Bryan, entered into a plea

22 agreement with the United States in which he agreed that he had derived $ 3.1 million dollars 23 in U.S. currency from the offenses for which he has been convicted. 24 3. The United States has not, as of this date, identified specific assets that were derived

25 from the offense for which the Defendant has been convicted. Nor has the United States yet 26 identified any property of the Defendant that could be forfeited as a substitute asset in 27 accordance with 21 U.S.C. § 853(p). 28

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4. Rule 32.2(c)(1) provides that "no ancillary proceeding is required to the extent that

2 the forfeiture consists of a money judgment," therefore, no publication of a Preliminary 3 Order of Forfeiture is necessary, as no specific asset has been identified, for which there 4 might be a potential third party. 5 5. Accordingly, the United States seeks the entry of a Final Order of Forfeiture, based

6 upon the amount agreed upon in the Plea Agreement, consisting of a personal money 7 judgment against the defendant in the amount of $3.1 million dollars in U.S. currency. 8 6. The entry of a Final Order of Forfeiture in the form of a personal money judgment is

9 specifically authorized by Rule 32.2(b)(1) and (c)(1) of the Federal Rules of Criminal 10 Procedure. See, United States v. Candelaria-Silva, 166 F.3d 19 (1st Cir. 1999) (criminal 11 forfeiture order may take several forms: money judgment, directly forfeitable property, and 12 substitute assets). 13 7. Once the Final Order of Forfeiture is entered, the Government may move at any time,

14 pursuant to Rule 32.2(e)(1)(B), to amend the Order to forfeit specific property of the 15 defendant, having a value up to the amount of the money judgment, as substitute assets. 16 WHEREFORE, by virtue of the plea agreement and the determination of the amount of

17 money derived from the offenses for which the Defendant has been convicted, a money 18 judgment should be entered against the defendant. 19 Accordingly, the United States respectfully requests that this Court enter a final order of

20 forfeiture as proposed in the attached order. 21 Respectfully submitted this 22 23 24 25 26 27 28
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14th day of December, 2005. PAUL K. CHARLTON United States Attorney S/Lisa Roberts LISA ROBERTS Assistant United States Attorney

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1 CERTIFICATE OF SERVICE 2
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I hereby certify that on December 14, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Tonya Jill McMath Law Office of Tonya J. McMath 111 W. Monroe St., Suite 1650 Phoenix. AZ 85003-1736 [email protected]

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S/Regina Spurlock

Regina Spurlock

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