Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Earquhart

United States District Court, E.D. North Carolina, Western Division

June 1, 2018

UNITED STATES OF AMERICA
v.
XAVIER MILTON EARQUHART

          PRELIMINARY ORDER AND JUDGMENT OF FORFEITURE

          W. EARL BRITT SENIOR U.S. DISTRICT JUDGE

         WHEREAS, pursuant to the guilty verdict convicting the defendant, Xavier Milton Earquhart, of offenses in violation of 18 U.S.C. §§ 1344, 1957 & 2, and the jury's special verdict finding that the Government had established the requisite nexus between certain property and the offense(s) of conviction by a preponderance of the evidence, the Court finds that the following property is forfeitable pursuant to 18 U.S.C. §§ 982(a)(1) and (a)(2)(A), to wit:

A. As proceeds of the scheme or artifice to commit a bank fraud offense charged in Counts One through Seven: $184, 987.00.
B. As proceeds of the scheme or artifice to commit a bank fraud offense charged in Counts Eight through Ten: $1, 304, 804.71; $291, 903.31 in gold bullion coins; and studio recording equipment, described more specifically as 2 GENELEC 8351APM Monitors, 1 GENELEC 7360APM Smart Active Sub, 1 GLM Loudspeaker Manager V2.0, 1 Sony C800GPAC, and 1 SSL AWS 948 Demo SN SWS4237.
C. As property involved in the money laundering offense charged in Count Eleven: $200, 000.00.
D. As property involved in the money laundering offense charged in Count Twelve: $228, 290.00.

         As to some of the above-described forfeitable property - that is, a total of $1, 489, 791.71 in gross proceeds of the two bank fraud schemes and $428, 290.00 involved in two money laundering transactions - the Court finds that as a result of an act or omission of the defendant, its whereabouts are unknown and it cannot be located upon the exercise of due diligence; and, accordingly, that the following other property of said defendant, up to the value of the above forfeitable property, shall be forfeited pursuant to 21 U.S.C. § 853(p), said substitute property being the property that is the subject of the in rem civil forfeiture action styled United States v. Earquhart's Personal Property, 5:17-CV-525-BR, to which the defendant herein has filed the only claim of ownership:

A. U.S. Currency in the amounts of $2, 000.00, $25, 100.00, and $17, 100.00;
B. Gold and Silver Bars and Coins, valued at approximately $225, 000.00;
C. Miscellaneous Recording Studio Equipment and Related Accessories, described more specifically in Exhibit A to the Government's civil complaint [DE-1-1];
D. A 2016 Toyota Highlander Hybrid, Sport Utility Vehicle, VIN: 5TDDCRFH9GS020328;
E. Miscellaneous Electronic Equipment, Computers, Cell Phones, Thumb Drives and Related Accessories, described more specifically in Exhibit A to the Government's civil complaint [DE-1-1];
F. Miscellaneous Pre-Paid Debit Cards, Gift Cards and Money Orders;
G. A Sig Sauer Firearm, Serial Number EAK067238, and any and all accompanying ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.