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`Case 1:16-cr-00091-PKC Document 443-1 Filed 04/07/21 Page 1 of 7Case 1:16-cr-00091-PKC Document 445 Filed 04/07/21 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`:
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` THIRD FINAL ORDER OF
`UNITED STATES OF AMERICA
` FORFEITURE AS TO SPECIFIC
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`PROPERTY
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` -v.-
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` S1 16 Cr. 091 (PKC)
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`SCOTT TUCKER,
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` Defendant.
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`WHEREAS, on or about April 17, 2018, the Court entered a Amended Preliminary
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`Order of Forfeiture as to Specific Properties/Money Judgment (the “Preliminary Order of
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`Forfeiture”) (D.E. 344), which ordered the forfeiture to the United States of, inter alia, all right,
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`title and interest of SCOTT TUCKER (the “Defendant”) in the real property located at 2405 W.
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`114th Street, Leawood, KS 66211, with all improvements, appurtenances, and attachments thereon
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`(the “Specific Property”);
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`WHEREAS, the Preliminary Order of Forfeiture directed the United States to
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`publish, for at least thirty (30) consecutive days, notice of the Preliminary Order of Forfeiture,
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`notice of the United States’ intent to dispose of the Specific Property, and the requirement that any
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`person asserting a legal interest in the Specific Property must file a petition with the Court in
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`accordance with the requirements of Title 21, United States Code, Sections 853(n)(2) and (3).
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`The Preliminary Order of Forfeiture further stated that the United States could, to the extent
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`practicable, provide direct written notice to any person known to have an alleged interest in the
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`Specific Property and as a substitute for published notice as to those persons so notified;
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`1
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`Case 1:16-cr-00091-PKC Document 443-1 Filed 04/07/21 Page 2 of 7Case 1:16-cr-00091-PKC Document 445 Filed 04/07/21 Page 2 of 7
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`WHEREAS, the provisions of Title 21, United State Code, Section 853(n)(1), Rule
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`32.2(b)(6) of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(5)(a)(ii) of
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`the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, require
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`publication of a notice of forfeiture and of the Government’s intent to dispose of the Specific
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`Property before the United States can have clear title to the Specific Property;
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`WHEREAS, the Notice of Forfeiture and the intent of the United States to dispose
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`of the Specific Property was posted on an official government internet site (www.forfeiture.gov)
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`beginning on April 24, 2018, for thirty (30) consecutive days, through May 23, 2018, pursuant to
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`Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty and Maritime Claims and Asset
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`Forfeiture Actions and proof of such publication was filed with the Clerk of the Court on February
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`20, 2019 (D.E. 374);
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`
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`WHEREAS, on or about May 1, 2018, notice of the Preliminary Order of Forfeiture
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`was sent by Federal Express to the following parties:
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`
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`James M. Roth
`Stampur & Roth LLP
`299 Broadway, Suite 800
`New York, New York 10007
`(Counsel for Scott Tucker)
`Federal Express Tracking No:8118-2545-2069
`
`Lee Alan Ginsberg
`Freeman Nooter & Ginsberg
`75 Maiden Lane, Suite 503
`New York, New York 10038
`(Counsel for Scott Tucker)
`Federal Express Tracking No: 8118-2545-2070
`Paul Lewis Shechtman
`Bracewell LLP
`1251 Avenue of the Americas, 49th Fl.
`New York, New York 10020
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`2
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`Case 1:16-cr-00091-PKC Document 443-1 Filed 04/07/21 Page 3 of 7Case 1:16-cr-00091-PKC Document 445 Filed 04/07/21 Page 3 of 7
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`
`(Counsel for Scott Tucker)
`Federal Express Tracking No: 8118-2545-2080
`Paula M. Junghans
`Zuckerman Spaeder LLP
`1800 M Street, N.W., Suite 1000
`Washington, D.C. 20036
`(Counsel for Scott Tucker)
`Federal Express Tracking No: 8118-2545-2091
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`
`Beverly Van Ness
`Law Firm of Beverly Van Ness
`233 Broadway, Suite 2704
`New York, New York 10279
`(Counsel for Scott Tucker)
`Federal Express Tracking No: 8118-2545-2106
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`
`Nadjia Limani
`Freeman & Ginsberg
`75 Maiden Lane, Suite 503
`New York, New York 10038
`(Counsel for Scott Tucker)
`Federal Express Tracking No: 8118-2545-2117
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`Paul B. Hynes
`Zuckerman Spaeder, LLP
`1800 M Street, N.W., Ste. 1000
`Washington, D.C. 20036
`(Counsel for Scott Tucker)
`Federal Express Tracking No: 8118-2545-2128
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`Thomas J. Bath
`Bath & Edmonds, P.A.
`7944 Santa Fe Drive
`Overland Park, Kansas 66204
`(Counsel for Timothy Muir)
`Federal Express Tracking No: 8118-2545-2139
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`Marc A. Agnifilo
`Brafman & Associates, P.C.
`767 Third Avenue
`New York, New York 10017
`(Counsel for Timothy Muir)
`Federal Express Tracking No: 8118-2545-2150
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`3
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`Case 1:16-cr-00091-PKC Document 443-1 Filed 04/07/21 Page 4 of 7Case 1:16-cr-00091-PKC Document 445 Filed 04/07/21 Page 4 of 7
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`Barry A. Bohrer
`Schulte Roth & Zabel LLP
`919 Third Avenue
`New York, New York 10022
`(Counsel for Crystal Grote)
`Federal Express Tracking No: 8115-8446-2174
`
`Michael L. Yaeger
`Cahill Gordon & Reindel LLP
`80 Pine Street
`New York, New York 10005
`(Counsel for Crystal Grote)
`Federal Express Tracking No:8115-8446-2163
`
`Kim C. Tucker
`Leawood, Kansas 66211
`Federal Express Tracking No: 8118-2545-2161
`
`Kim C. Tucker
`Overland Park, Kansas 66207
`Federal Express Tracking No: 8118-2545-2172
`
`Lili G. Tucker
`Overland Park, Kansas 6621
`Federal Express Tracking No: 8118-2545-2183
`
`
`Stephanie Tucker
`Shawnee Mission, Kansas 66217
`Federal Express Tracking No: 8118-2545-2194
`
`Stephanie Tucker
`Overland Park, Kansas 66213
`Federal Express Tracking No: 8118-2545-2209
`
`Joan M. Muir
`Overland Park, Kansas 66207
`Federal Express Tracking No: 8118-2545-2210
`
`Joan M. Muir
`Overland Park, Kansas 66213
`Federal Express Tracking No: 8118-2545-2220
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`Christopher D. Muir
`Shawnee, Kansas 66226
`Federal Express Tracking No: 8118-2545-2231
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`4
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`Case 1:16-cr-00091-PKC Document 443-1 Filed 04/07/21 Page 5 of 7Case 1:16-cr-00091-PKC Document 445 Filed 04/07/21 Page 5 of 7
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`Robert F. Muir
`Newport Beach, California 92660
`Federal Express Tracking No: 8118-2545-2242
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`Andrew J. Muir
`Durham, North Carolina 27705
`Federal Express Tracking No: 8118-2545-2253
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`Jonathan Nockels
`MALOUF & NOCKELS, LLP
`6688 N. Central Expy, Suite 1050
`Dallas, Texas 75206
`Federal Express Tracking No: 8118-2545-2058
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`(the “Noticed Parties”);
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`WHEREAS, on or about June 11, 2018, the Court entered an Order that stayed
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`execution of the forfeiture of the Specific Property, pending the outcome of the Defendant’s
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`appeal of his judgment and conviction. (D.E. 358);
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`WHEREAS, on or about March 26, 2019 Kim Tucker (the “Petitioner”) filed
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`a petition asserting an interest in, inter alia, $100,000 in the value of the Specific Property
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`(D.E. 388);
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`WHEREAS, on or about January 24, 2020, the Petitioner filed an Amended
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`Petition asserting, inter alia, a 50% interest in the Specific Property (D.E. 424);
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`WHEREAS, on or about March 3, 2020, the Government filed a motion to dismiss
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`the Petitioner’s claims with respect to the Specific Property as untimely, or alternatively, grant
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`summary judgment in favor of the Government (the “Motion”) (D.E. 433);
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`WHEREAS, on or about June 2, 2020, the Court of Appeals for the Second
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`Circuit affirmed Scott Tucker’s judgment and conviction;
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`5
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`Case 1:16-cr-00091-PKC Document 443-1 Filed 04/07/21 Page 6 of 7Case 1:16-cr-00091-PKC Document 445 Filed 04/07/21 Page 6 of 7
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`WHEREAS, on or about October 22, 2020, the Mandate issued by Court of
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`Appeals for the Second Circuit was entered by United States District Court for the Southern
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`District of New York (D.E. 440);
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`WHEREAS, on or about November 24, 2020 the Court entered its Opinion
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`and Order dismissing the Petitioner’s claims as untimely and granting the Motion in favor
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`of the Government (D.E. 441);
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`WHEREAS, on or about February 22, 2021, the U.S. Supreme Court denied
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`Scott Tucker’s petition for a writ of certiorari. (U.S. Sup. Ct. Dkt. No. 20-6936.)
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`WHEREAS, thirty (30) days have expired since final publication of the Notice of
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`Forfeiture and no petitions or claims, other than Petitioner, to contest the forfeiture of the Specific
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`Property have been filed;
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`WHEREAS, the Defendant and the Noticed parties are the only persons and/or
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`entities known by the Government to have a potential interest the Specific Property; and
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`WHEREAS, pursuant to Title 21, United States Code, Section 853(n)(7), the
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`United States shall have clear title to any forfeited Specific Property following the Court’s
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`disposition of any filed claim or if no petitions for a hearing to contest the forfeiture have been
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`filed within thirty (30) days of final publication of notice of forfeiture as set forth in Title 21,
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`United States Code, Section 853(n)(2);
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`NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
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`1.
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`All right, title, and interest in the Specific Property is hereby forfeited and
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`vested in the United States of America, and shall be disposed of according to law.
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`Case 1:16-cr-00091-PKC Document 443-1 Filed 04/07/21 Page 7 of 7Case 1:16-cr-00091-PKC Document 445 Filed 04/07/21 Page 7 of 7
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`2.
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`Pursuant to Title 21, United States Code, Section 853(n)(7), the United
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`States of America shall and is hereby deemed to have clear title to the Specific Property.
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`3.
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`The United Department of Treasury (or its designee) shall take possession
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`of the Specific Property and dispose of the same according to law, in accordance with Title 21,
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`United States Code, Section 853(h).
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`4.
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`The Clerk of the Court shall forward four certified copies of this Third Final
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`Order of Forfeiture as to Specific Property to Assistant United States Attorney Alexander Wilson,
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`Co-Chief, Money Laundering and Transnational Criminal Enterprises Unit, United States
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`Attorney’s Office, Southern District of New York, One St. Andrew’s Plaza, New York, New York
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`10007.
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`Dated: New York, New York
`April ___, 2021
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`SO ORDERED:
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`_______________________________________
`HONORABLE P. KEVIN CASTEL
`UNITED STATES DISTRICT JUDGE
`SOUTHERN DISTRICT OF NEW YORK
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`7
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`7
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