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United States v. Carter

United States District Court, D. Massachusetts

December 7, 2017

UNITED STATES OF AMERICA
v.
GREGORY CARTER, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          RYA W. ZOBEL UNITED STATES DISTRICT JUDGE

         WHEREAS, on June 8, 2017, a federal grand jury sitting in the District of Massachusetts returned a one-count Indictment, charging defendant Gregory Carter (the "Defendant"), with Bank Robbery, in violation of 18 U.S.C. § 2113(a) (Count One);

         WHEREAS, Indictment also included a forfeiture allegation, pursuant to 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 2461(c), which provided notice that the United States intended to seek the forfeiture, upon conviction of the Defendant of the offense alleged in Count One of the Indictment, of any property, real or personal, which constitutes or is derived from proceeds traceable to the commission of the offense;

         WHEREAS, the Indictment further provided that, if any of the above-described forfeitable property, as a result of any act or omission by the Defendant, (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty, the United States is entitled to seek forfeiture of any other property of the Defendant, up to the value of the assets described in the Paragraph above, pursuant to 28 U.S.C. § 2461(c), incorporating 21 U.S.C. § 853(p);

         WHEREAS, on August 24, 2017, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the United States gave a recitation of the facts and stated that the United States intended to seek forfeiture as noticed in the Indictment, and the Defendant did not object;

         WHEREAS the United States has identified the following property as being subject to forfeiture:

a. 2013 black Ford Fusion, bearing vehicle identification number 3FA6P0H7XDR329274 (the "Vehicle"),

         WHEREAS, the Vehicle constitutes or is derived from proceeds traceable to the commission of the defendant's offense conduct;

         WHEREAS, in light of the Defendant's guilty plea, the United States has established the requisite nexus between the Vehicle and the offense to which the Defendant pled guilty, and accordingly, the Vehicle is subject to forfeiture to the United States pursuant to 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 2461(c); and

         WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United States is now entitled to a Preliminary Order of Forfeiture against the Vehicle.

         ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED that:

         2. The Court shall retain jurisdiction in this case for the purpose of enforcing this Order.

         4. Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the United States is hereby authorized to seize the Vehicle and ...


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