522 (GHW) (the “Indictment”), with narcotics trafficking conspiracy, in violation of Title 21, United States Code, Section 846 (Count One); and firearms use, carrying, and possession, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i)(Count Two); WHEREAS, the Indictment included a forfeiture allegation as to Count One of the Indictment, seeking forfeiture to the United States, pursuant to Title 21, United States Code, Section 853, of any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the offense charged in Count One of the Indictment and any and all property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the offense charged in Count One of the Indictment, including but not limited to a sum of money in United States currency representing the amount of proceeds traceable to the commission of the offense charged in Count One of the Indictment; WHEREAS, on or about January 25, 2023, the Government seized $17,000.00 in United States currency from the Defendant at the time of his arrest (the “Specific Property”);
WHEREAS, on or about September 12, 2024, the Defendant pled guilty to a lesser included offense of Count One of the Indictment pursuant to a plea agreement with the Government; WHEREAS, the Government asserts that $17,000.00 in United States currency represents property constituting, or derived from proceeds traceable to the commission of the offense charged in Count One of the Indictment that the Defendant personally obtained; WHEREAS, the Government seeks the forfeiture of all the Defendant’s right, title and interest in the Specific Property, which constitutes proceeds traceable to the offense charged in Count One of the Indictment, that the Defendant personally obtained; and WHEREAS, pursuant to Title 21, United States Code, Section 853(g), and Rules 32.2(b)(3), and 32.2(b)(6) of the Federal Rules of Criminal Procedure, the Government is now entitled, pending any assertion of third-party claims, to reduce the Specific Property to its possession and to notify any and all persons who reasonably appear to be a potential claimant of their interest herein;
As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, all of the Defendant’s right, title and interest in the Specific Property is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853.
The published notice of forfeiture shall state that the petition (i) shall be for a hearing to adjudicate the validity of the petitioner’s alleged interest in the Specific Property, (ii) shall be signed by the petitioner under penalty of perjury, and (iii) shall set forth the nature and extent of the petitioner’s right, title or interest in the Specific Property, the time and circumstances of the petitioner’s acquisition of the right, title and interest in the Specific Property, any additional facts supporting the petitioner’s claim, and the relief sought, pursuant to Title 21, United States Code, Section 853(n).
Pursuant to 32.2 (b)(6)(A) of the Federal Rules of Criminal Procedure, the Government shall send notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding.