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United States v. Clack

United States District Court, D. New Jersey

February 14, 2018

UNITED STATES OF AMERICA
v.
KEITH CLACK, Defendant.

          CRAIG CARPENITO United state Attorney, JASON M RICHARDSON Assistant United States Attorney, THOMAS YOUNG, ESQ. Assistant Federal Public Defender Attorney for Defendant Keith Clack, KEITH CLACK Defendant

          PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY (FINAL AS TO THE DEFENDANT)

          Hon. Joseph H. Rodriguez, U.S.D.J.

         WHEREAS, on or about February 14, 2018, pursuant to a plea agreement with the United States, defendant Keith Clack (the "defendant") pled guilty to a one-count Information (the "Information"), which charged him with knowingly possessing child pornography, in violation of 18 U.S.C. §§ 2252A(a)(5) and 2252(b)(2);

         WHEREAS, as part of his plea agreement, the defendant agreed to forfeit to the United States, pursuant to 18 U.S.C. § 2253, all of his right, title, and interest in: (1) all computer and computer accessories on which law enforcement, on or about June 20, 2017, discovered visual depictions described in 18 U.S.C. §§ 2251, 2251A, 2252, 2252A, 2252B, and 2260; (2) all visual depictions described in 18 U.S.C. §§ 2251, 2251A, 2252, 2252A, 2252B, and 2260, that were produced, transported, shipped, distributed or received in violation of chapter 109A of Title 18, United States Code; (3) all property, real and personal, constituting or traceable to gross profits or other proceeds obtained from the offenses charged in the Information; and (4) all property, real and personal, used or intended to be used to commit or to promote the commission of the offense charged in the Information and all property traceable to such property, including:

1. One (1) Toshiba laptop;
2.One (1) white Samsung Galaxy cell phone;
3. One (1) gold LG phone [LG model K373];
4. One (1) Black LG phone; and 5. One (1) Samsung tablet [Samsung Galaxy Tablet model SM-T55O].

(collectively, the "Specific Property");

         WHEREAS, in the plea agreement, the defendant further consented to the entry of orders of forfeiture as to the Specific Property pursuant to Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure; to waive all interest in the Specific Property in any administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal; and to waive the requirements of Rules 32.2 and 43(a) of the Federal Rules of Criminal Procedure regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment;

         WHEREAS, pursuant to 21 U.S.C. § 853(n)(1) (as incorporated by 18 U.S.C. § 2253(b)) and Federal Rule of Criminal Procedure 32.2(b)(6), the Government is now required to publish notice of the forfeiture and provide notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding; and

         WHEREAS, good and sufficient cause has been shown, it is hereby ORDERED, ADJUDGED, AND DECREED THAT:

         1. Pursuant to 18 U.S.C. § 2253, by virtue of the defendant's guilty plea to the offense charged in the Information, in violation of 18 U.S.C. § 2252A, and pursuant to the plea agreement and Rule 32.2(b)(2)(A) of the Federal Rules of Criminal Procedure, all of the defendant's right, title, and interest in die following properties are hereby forfeited to the United States for disposition ...


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