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United States v. Pepe

United States District Court, D. New Jersey

July 1, 2019

UNITED STATES OF AMERICA
v.
ANTHONY PEPE, Defendant.

          CRAIG CARPENITO United States Attorney.

          ROCCO C. CIPPARONE, JR., ESQ. Attorney for Defendant Anthony Pepe.

          ANTHONY PEPE, Defendant.

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

          Honorable Robert B. Kugler, United States District Judge.

         WHEREAS, on or about July 1, 2019, the United States filed a one-count Information (the "Information"), which charged defendant Anthony Pepe with, conspiracy to distribute and possess with intent to distribute a mixture and substance containing a detectable amount of oxycodone, a Schedule II controlled substance, contrary to 21 U.S.C. §§ 841 and (a)(1) and (b)(1)(C), in violation of 21 U.S.C. § 846;

         WHEREAS, on or about July 1, 2019, pursuant to a plea agreement with the United States, defendant Anthony Pepe pleaded guilty to the Information;

         WHEREAS, pursuant to 21 U.S.C. § 853, a person convicted of conspiracy to distribute and possession of controlled substances with intent to distribute, as alleged in the Information, shall forfeit to the United States any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the said offense and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of the offense;

         WHEREAS, in the plea agreement and pursuant to 21 U.S.C. § 853, defendant Anthony Pepe agreed to forfeit to the United States all of his right, title and interest in approximately $3, 669.00 in United States Currency, seized on or about June 26, 2018 (the "Specific Property");

         WHEREAS, Rule 32.2(b)(4)(A) of the Federal Rules of Criminal Procedure provides that a preliminary order of forfeiture may become final at any time before sentencing if the defendant consents;

         WHEREAS, the provisions of 21 U.S.C. § 853(n) (incorporated by 28 U.S.C. § 2461(c)) 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 Anthony Pepe:

(1) Consents to the forfeiture to the United States of the Specific Property as property constituting or derived from any proceeds obtained directly or indirectly as result of the offense charged in the Information, to which the defendant has pleaded guilty;
(2) Agrees that this Order is final as to the defendant at the time of its entry by the Court, pursuant to Rule 32.2(b)(4)(A) of the Federal Rules of Criminal Procedure;
(3) 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 ...

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