United States District Court, W.D. North Carolina, Charlotte Division
PRELIMINARY ORDER OF FORFEITURE (NUNC PRO TUNC)
FRANK D. WHITNEY, Chief District Judge.
In the Second Superseding Bill of Indictment in this case, the United States sought forfeiture of property pursuant to 18 U.S.C. §§ 981 and 982, 21 U.S.C. § 853(a), and 28 U.S.C. § 2461(c) as property that was proceeds of and/or was used to facilitate and/or was involved in the crimes charged, together with any other substitute property, which would be subject to forfeiture under 21 U.S.C. § 853(p).
Defendant was convicted at trial on Counts One and Seven, among others, in the Bill of Indictment; and found guilty of the offenses charged in those counts. The government has moved for a preliminary order forfeiting financial accounts and other assets. The Court has considered the trial evidence, the exhibits provided with the government's motion, and the evidence presented at an evidentiary hearing on January 30, 2014, including the stipulations of the parties, exhibits previously admitted at trial, and exhibits admitted at the hearing (which have been submitted with the government's motion).
The Court finds that the value of the property that was proceeds of or involved in the defendant's crimes, as reasonably foreseeable to the defendant, consistently with the foreseeable harm as determined under the Sentencing Guidelines, is $8.4 million. In addition, as specified below, the Court finds that there is a substantial nexus between each asset and defendant's crimes, or that the asset is subject to forfeiture as substitute property.
It is therefore ORDERED as of January 30, 2014, nunc pro tunc:
1. The defendant shall pay a forfeiture money judgment of $8.4 million, representing proceeds of the Count One conspiracy and property involved in the Count Seven conspiracy, as reasonably foreseeable to the defendant.
2. The United States is authorized to seize the following specific property, and it is hereby forfeited to the United States for disposition according to law; provided, however, that such forfeiture is subject to any and all third party claims and interests, pending final adjudication herein under 21 U.S.C. § 853(n):
Property for which there is a nexus to an offense of conviction.
1. First Federal Charleston xxxxxx8483.
2. First Federal Charleston xxxxxx1883 (funds transferred from xxxxx4886).
3. First Federal Charleston xxxxxx1891 (funds transferred from xxxxx8491).
4. First Federal Charleston xxxxxx1906 (funds transferred ...