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United States v. Hall

United States District Court, D. New Jersey

May 10, 2018

UNITED STATES OF AMERICA
v.
MICHAEL A. HALL, JR. Defendant.

          CRAIG CARPENITO United States Attorney

          ALYSON M. OSWALD Assistant United States Attorney

          MAGGIE F. MOY "ESQ. Attorney for Defendant Michael A. Hall, Jr.

          MICHAEL A. HALL, JR., Defendant

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

          HONORABLE JEROME B. SIMANDLE SENIOR UNITED STATES DISTRICT JUDGE

         WHEREAS, on or about May 10, 2018, the United States of America (the "United States" or the "Government") filed a nine-count Information against Michael A. Hall, Jr. (the "Defendant"), which charged him with Hobbs Act robbery, in violation of 18 U.S.C. § 1951 and 18 U.S.C. § 2 (Counts One through Eight); and brandishing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii) (Count Nine);

         WHEREAS, on or about May 10, 2018, pursuant to a plea agreement with the United States, the Defendant pleaded guilty to the Information;

         WHEREAS, the Defendant agreed to forfeit to the United States, (i) pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461, any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of such offenses, and (ii) pursuant to 18 U.S.C. § 924 and 28 U.S.C. § 2461, any firearms and ammunition involved in or used in the commission of such offenses, including but not limited to the items listed on Schedule B, attached to this Order (the "Specific Property");

         WHEREAS, the provisions of 21 U.S.C. § 853(n) require publication and notice to third parties known to have alleged an interest in forfeited specific property and the disposition of any petitions filed under 21 U.S.C. § 853(n) before the United States may have clear title to such property;

         WHEREAS, Defendant Michael A. Hall, Jr.:

(1) Agrees to forfeit to the United States all of his right, title and interest in the Specific Property;
(2) Waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of forfeiture in die charging instrument, announcement of the forfeiture in the Defendant's presence at sentencing, and incorporation of the forfeiture in the Judgment of Conviction;
(3) Acknowledges that he understands that forfeiture of 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 ll(b)(1)(J), during the plea hearing; and
(4) Waives any and all claims that this forfeiture constitutes an excessive fine and agrees that this forfeiture does ...

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