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United States v. Cadden

United States District Court, D. Massachusetts

October 5, 2017

UNITED STATES OF AMERICA
v.
BARRY J. CADDEN, Defendant.

          ORDER OF FORFEITURE (MONEY JUDGMENT)

          RICHARD G. STEARNS, UNITED STATES DISTRICT JUDGE.

         WHEREAS, on December 16, 2014, a federal grand jury sitting in the District of Massachusetts returned a 131-count Indictment charging defendant Barry J. Cadden and 13 other individuals with a number of crimes. The Defendant was charged with Racketeering, in violation of Title 18, United States Code, Section 1962(c) (Count 1), Racketeering Conspiracy, in violation of Title 18, United States Code, Section 1962(d) (Count 2), Conspiracy to Defraud the United States, in violation of Title 18, United States Code, Section 371 (Count 3), Mail Fraud, in violation of Title 18, United States Code, Section 1341 (Counts 4-56), Introduction of Adulterated Drugs into Interstate Commerce with Intent to Defraud and Mislead - Insanitary Conditions, in violation of Title 21, United States Code, Sections 351(a)(2)(A), 331(a), and 333(a)(2) (Counts 57-90), Introduction of Misbranded Drugs into Interstate Commerce with Intent to Defraud and Mislead - False and Misleading Labeling, in violation of Title 21, United States Code, Sections 352(a), 331(a), and 333(a)(2) (Counts 91-94), Introduction of Misbranded Drugs into Interstate Commerce with Intent to Defraud and Mislead - No Prescriptions, in violation of Title 21, United States Code, Sections 353(b)(1), 331(a), and 333(a)(2)(Counts 95, 99 and 100) and Aiding and Abetting, in violation of Title 18, United States Code, Section 2 (Counts 57-95 and 99-100);

         WHEREAS, the Indictment contained a Racketeering Forfeiture Allegation, pursuant to Title 18, United States Code, Section 1963, which provided notice that the United States sought the forfeiture, upon conviction of the Defendant of any offense alleged in Counts 1 and 2 of the Indictment, of:

a. any interest acquired or maintained in violation of Title 18, United States Code, Section 1962;
b. any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over, any enterprise established, operated, controlled, conducted, or participated in the conduct of, in violation of Title 18, United States Code, Section 1962; and
c. any property constituting, or derived from, any proceeds obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of Title 18, United States Code, Section 1962.
d. any and all salaries, bonuses, stock distributions, retirement contributions and accounts, health and life insurance benefits including premium payments, and any and all other benefits obtained through employment by and association with the entities named in the racketeering enterprise alleged in Counts 1 and 2 from 2006 through October 2012;
e. one BMW M3 purchased on or about April 26, 2011, from BMW of Sudbury;
f. one Sailfish Boat purchased on or about March 2, 2010, from Port Harbor Marine, Inc.;
g. any jewelry purchased on or about December 23, 2010, and on or about December 21, 2011, from DeScenza Diamonds;
h. any clock, timepiece, or other luxury good purchased on or about January 11, 2012, from Delaney Antique Clocks;
i. the real property located at 13 Manchester Drive, Wrentham, Massachusetts, including all buildings, appurtenances and improvements thereon, more particularly described in a Quitclaim Deed recorded at Book 20971, Page 264 at the Norfolk County Registry of Deeds;
j. the real property located at 15 Manchester Drive, Wrentham, Massachusetts, including all buildings, appurtenances and improvements thereon, more particularly described in a Quitclaim Deed recorded at Book 28437, Page 144 at the Norfolk County Registry of Deeds;
k. the real property located at 17 Manchester Drive, Wrentham, Massachusetts, including all buildings, appurtenances and improvements thereon, more particularly described in a Quitclaim Deed recorded at Book 28437, ...

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