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United States v. Villar

United States District Court, D. Massachusetts

October 21, 2019

UNITED STATES OF AMERICA
v.
CRUZ VILLAR Defendant.

          AMENDED PRELIMINARY ORDER OF FORFEITURE

          TNDIRA TALWANI UNITED STATES DISTRICT JUDGE

         WHEREAS, on October 3, 2018, a federal grand jury sitting in the District of Massachusetts returned a two-count Indictment charging Cruz Villar (the "Defendant") with Distribution of and Possession with intent to Distribute Fentanyl, in violation of 21 841(a)(1) and 18 U.S.C. § 2 (Count One); and Possession with intent to Distribute 40 Grams of More of Fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(vi), and 18 U.S.C. § 2 (Count Two);

         WHEREAS, the Indictment also included a forfeiture allegation pursuant to 21 U.S.C. § 853, which provided notice that the United States intended to seek the forfeiture, upon conviction of the Defendant of any offense alleged in Counts One and Two of the Indictment, of any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of such o: Tenses, and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such offenses;

         WHEREAS, the property to be forfeited includes, without limitation the following:

a. $ 1, 446.00 in U.S. Currency, seized on June 22, 2018 (the "Currency"); and
b. One 2015 Honda Accord, Vehicle Identification Number 1HGCR2FA14106 (the "Vehicle")

(collectively, the "Properties");

         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 be;n 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 ti the value of such assets described in Paragraph 2 above, pursuant to 21 U.S.C. 853(p);

         WHEREAS, on June 24, 2019, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Defendant pled guilty to Counts One and Two of the Indictment;

         WHEREAS, on August 26, 2019, this Court issued a Preliminary Order of Forfeiture against the Properties, however, due to a clerical error the Preliminary Order of Forfeiture referenced only the "Currency"; and

         WHEREAS, United States requests that this Court enter an amended Preliminary Order of Forfeiture, with respect to the correct naming convention, pursuant to 21 U.S.C. § 853, and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure.

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

         1. The Court finds, pursuant to Rule 32.2(b)(1) of the Federal Rules of Criminal Procedure, that the United States has established the requisite nexus between the Properties ...


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