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United States v. Paredes

United States District Court, Third Circuit

June 4, 2013

UNITED STATES OF AMERICA Plaintiff,
v.
PORFIRIO PAREDES Defendant.

CONSENT JUDGMENT AND PRELIMINARY ORDER OF FORFEITURE

CLAIRE C. CECCHI, District Judge.

WHEREAS, on February 22, 2013, the United States filed a three count Information, Criminal No. 13-132, against defendant Porfirio Paredes charging him with (1) conspiracy to commit theft of government property, contrary to 18 U.S.C. § 641, in violation of 18 U.S.C. § 371; (2) theft of government property, in violation of 18 U.S.C. § 641; and (3) aggravated identity theft, in violation of 18 U.S.C. § 1028(A); and

WHEREAS, on February 21, 2013, defendant Porfirio Paredes pled guilty to the Information; and

WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), a person convicted of an offense in violation of 18 U.S.C. § 641 shall forfeit to the United States any property, real or personal, that constitutes or is derived from proceeds traceable to the commission of the offense; and

WHEREAS, by virtue of the above, the United States is now entitled to possession of approximately $72, 310 in United States currency that was seized on or about September 17, 2012 and one 2008 Land Rover Range Rover Sport, Vehicle Identification Number# SALSH23438A184179, which was seized on or about September 17, 2012 (collectively the "Forfeitable Property"); and

WHEREAS defendant Porfirio Paredes acknowledges that the Forfeitable Property is subject to forfeiture as property, real or personal, that constitutes or is derived from proceeds traceable to a violation of 18 U.S.C. § 641, which constitutes a specified unlawful activity within the meaning of 18 U.S. C.§ 981(a)(1)(C), or a conspiracy to commit such offense; and

WHEREAS defendant Porfirio Paredes agrees to forfeit the Forfeitable Property, waives all interests in and claims to the Forfeitable Property, and hereby consents to the forfeiture of the Forfeitable Property to the United States; and

WHEREAS defendant Porfirio Paredes:

(1) Agrees to consent promptly upon request to the entry of any orders deemed necessary by the Government or the Court to complete the forfeiture and disposition of the Forfeitable Property;

(2) Waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of forfeiture in the charging instrument, announcement of the forfeiture in his presence at sentencing, and incorporation of the forfeiture in the Judgment;

(3) Acknowledges that he understands that forfeiture of the Forfeitable Property will be part of the sentence imposed upon him in this case and waives any failure by the Court to advise him of this, pursuant to Federal Rule of Criminal Procedure 11(b)(1)(J), during the plea hearing;

(4) Will, pursuant to Rule 32.2(b)(3), promptly consent to the finalization of the order of forfeiture before sentencing if requested by the Government to do so;

(5) Waives, and agrees to hold the United States and its agents and employees harmless from, any and all claims whatsoever in connection with the seizure, forfeiture, and disposal of the Forfeitable Property described above;

(6) Waives all constitutional and statutory challenges of any kind to any forfeiture carried out pursuant to this consent judgment;

(7) Agrees to cooperate in resolving third-party claims in favor of the United States, and for good and sufficient cause shown;

It is hereby ORDERED, ADJUDGED, AND DECREED:

THAT the herein described assets, namely approximately $72, 310 in United States currency that was seized on or about September 17, 2012 and one 2008 Land Rover Range Rover Sport, Vehicle Identification Number# SALSH23438A184179, which was seized on or about September 17, 2012, are hereby forfeited to the United States of America pursuant to the provisions 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c); and

THAT, pursuant to 21 U.S.C. § 853(n)(1), the United States shall publish notice of this Order and of its intent to dispose of the Forfeitable Property in such a manner as the Attorney General may direct, including posting notice on the official internet government forfeiture site, namely www.forfeiture.gov, for at least 30 consecutive days; and

THAT, pursuant to 21 U.S.C. § 853(n)(2), any person, other than defendant Porfirio Paredes, asserting a legal interest in any of the above-listed property must file a petition with the Court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier, and state that the petition shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the property; and

THAT, pursuant to 21 U.S.C. § 853(n)(3), the petition 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 forfeited property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, and any additional facts supporting the petitioner's claim and the relief sought; and

THAT, the United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the Forfeitable Property, as a substitute for published notice as to those persons so notified; and

THAT, the United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the Forfeitable Property, as a substitute for published notice as to those persons so notified; and

THAT, the aforementioned Forfeitable Property is to be held by the appropriate United States agency in its secure custody and control until the appropriate disposition of said Forfeitable Property by the United States; and

THAT it is the intent of the United States, pursuant to 21 U.S.C. § 853(p), to seek forfeiture of any other property of the Defendant up to the value of the property described above, if the Property or any portion thereof, as a result of any act or omission of 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; and

THAT upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed.

ORDERED


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