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United States v. Scanzani

United States District Court, D. Massachusetts

November 20, 2019

UNITED STATES OF AMERICA
v.
RAYMOND P. SCANZANI, a/k/a RAYMOND P. SCANZINI, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          F. DENNIS SAYLOR IV UNITED STATES DISTRICT JUDGE

         WHEREAS, on August 2, 2018, a federal grand jury sitting in the District of Massachusetts returned a one-count Indictment, charging defendant Raymond P. Scanzani, a/k/a Raymond P. Scanzini, (the "Defendant") with Possession of Child Pornography, in violation of 18 U.S.C. § 2250 (Count One);

         WHEREAS, the Indictment also included a Child Pornography Forfeiture Allegation, pursuant to 18 U.S.C. § 2253, 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 (i) any visual depiction described in sections 2251, 2251 A, 2252, 2252A, 2252B, or 2260 of Chapter 110 of Title 18, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation of Chapter 110 of Title 18; (ii) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offenses; and (iii) any property, real or personal, used or intended to be used to commit or to promote the commission of such offenses or any property traceable to such property;

         WHEREAS, the property to be forfeited included, but was not limited to, the following:

(a) one SanDisk Ultra 32GB;
(b) one Nikon D5200 camera;
(c) one black and red thumb drive; and
(d) one HP Envy 700 computer

(collectively, the "Properties");

         WHEREAS, on October 9, 2019, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Defendant plead guilty to Count One of the Indictment;

         WHEREAS, at the hearing, the United States stated the potential maximum penalties including forfeiture as charged in the Indictment, gave a restitution of the facts, and thus provided notice the United States intended to seek forfeiture of the Properties on the grounds the Properties constituted (i) any visual depiction described in sections 2251, 2251 A, 2252, 2252A, 2252B, or 2260 of Chapter 110 of Title 18, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation of Chapter 110 of Title 18; (ii) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offenses; and (iii) any property, real or personal, used or intended to be used to commit or to promote the commission of such offenses or any property traceable to such property;

         WHEREAS, the Defendant did not object, and therefore consented to the forfeiture of the Properties; WHEREAS, in light of the Defendant's guilty plea, the United States has established the requisite nexus between the Properties and the offense to which the Defendant plead guilty, and accordingly, the Properties are subject to forfeiture to the United States pursuant to 18 U.S.C. § 2253;and

         WHEREAS, pursuant to 18 U.S.C. § 2253 and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United States is now entitled to a ...


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