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

Case 1 :07-cr-00121-JJF Document 36 Filed O9/O3/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 07-121- JJF
DOUGLAS RUNK,
Defendant.
PRELIMINARY ORDER OF FORFEITURE
THIS day of bi , 2008, IT IS HEREBY ORDERED that:
1. As a result of his conviction after a guilty plea on Counts I of the Information (the
"Information"), for which the United States sought forfeiture pursuant to 21 U.S.C. § 853 and ,
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 be used, in any manner or part, to commit, or to facilitate the commission of the said violation.
2. The Court determines, based on evidence set forth in the plea agreement, presented at the
change of plea hearing, and in the declaration of Ronald Marzec that the Real Property known as
27019 Kaye Road, Laurel, Delaware, 19956, facilitated the offense of conviction and
accordingly, in lieu of the forfeiture of that property, the substitute asset of $45,000 ("Currency")
is forfeit to the United States.
3. Upon entry of this Order, the United States Attorney 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 of the Order and its intent to dispose of the

Case 1:07-cr-00121-JJF Document 36 Filed O9/O3/2008 Page 2 of 3
Currency 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 alleged interest in the Currency.
5. Any person, other than the above named defendant, asserting a legal interest in the
Currency 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 adj udicate the validity of the alleged
interest in the Currency, and for an amendment of the order of forfeiture, pursuant to 2l U.S.C. §
853(n).
6. Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Preliminary Order of Forfeiture shall become
final as to the defendant at the time of sentencing and shall be made part of the sentence and
included in the judgment. If no 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 Currency shall be signed by
the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's
right, title, or interest in the Currency, the time and circumstances of the petitioner's acquisition
of the right, title or interest in the Currency, 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(c)(l)(A) and before
a hearing on the petition, discovery may be conducted in accordance 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 Currency following the Cou1t's disposition
2

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of all third-party interests, or, if none, following the expiration of the period provided in 21
U.S.C. § 853(n)(2) for the filing of third party petitions.
10. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,
pursuant to Fed. R. Crim. P. 32.2(e).
l~ ` {-§'C1}"7’\·G•·»~
HO§;RABLE JOSEPH J. FARl:l§N, JR.
UNITED STATES DISTRICT JUDGE

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