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United States v. McCaffity

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

September 1, 2019

UNITED STATES OF AMERICA
v.
TAMARA PERRY MCCAFFITY

          FINAL ORDER OF FORFEITURE OF REAL PROPERTY KNOWN AS 11222 EMPIRE LAKES DRIVE AND 648 CRYSTAL BAY LANE

          LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE.

         WHEREAS, upon the United States' Motion for a Final Order of Forfeiture and the underlying records in the docket, the Court makes the following findings:

         1. On July 17, 2018, an Information was filed against Defendant TAMARA PERRY MCCAFFITY charging the Defendant in Count One with Conspiracy to Commit Health Care Fraud in violation of 18 U.S.C. § 1349 [DE-4];

         2. The Information gave notice of the United States' intention to seek the forfeiture of the following real property (collectively the “Real Property”), pursuant to 18 U.S.C. § 982(a)(7) as gross proceeds traceable to the Defendant's violation:

a. 11222 EMPIRE LAKES DRIVE, RALEIGH, NORTH CAROLINA 27617 (“11222 EMPIRE LAKES DR.”);
b. 648 CRYSTAL BAY LANE, ORLANDO, FLORIDA 32828, (“648 CRYSTAL BAY LN.”);
c. 5 ELMRIDGE COURT, DURHAM, NORTH CAROLINA, (“5 ELMRIDGE CT.”);

         3. The legal description for the Real Property subject to this order is more specifically described as follows:

a. 11222 EMPIRE LAKES DR., RALEIGH NC 27617 is more specifically described as follows:
All that certain lot or parcel of land situated in or near the City of Raleigh, Panther Branch Township, Wake County, North Carolina and more particularly described as follows:
Being all of Lot 937 in Brier Creek Country Club Phases 22 & 25, as shown on map thereof recorded in Book of Maps 2005, Pages 18-21 (20), Wake County Registry, to which map reference is hereby made for a more particular description.
APN: 0323058
b. 648 CRYSTAL BAY LANE, ORLANDO, FLORIDA 32828 is more specifically described as follows:
All that certain land situated in Orange County, Florida, to wit:
Lot 4, Waterford Chase East Phase 2, Village E, according to the Plat thereof recorded in Plat Book 55, Page 6, of the Public Records of Orange County, Florida.
APN: 30-22-32-9102-00040

         4. A Lis Pendens giving notice of the United States' intent to forfeit the following Real Property was filed as follows:

a. 11222 EMPIRE LAKES DRIVE, RALEIGH, NORTH CAROLINA 27617 was filed with the Wake County Clerk of Superior Court on September 13, 2018, Case No: 18-M-3654;
b. 648 CRYSTAL BAY LANE, ORLANDO, FLORIDA 32828 was filed on September 11, 2018 as Instrument Number 20180536321 of the Orange County Registry;

         5. On October 19, 2018, Defendant entered a guilty plea pleading guilty to Count One, Conspiracy to Commit Health Care Fraud in violation of 18 U.S.C. § 1347 [DE-13];

         6. As part of the Plea Agreement, Defendant agreed to the forfeiture of the Real Property pursuant to 18 U.S.C. § 982(a)(7) as proceeds of the Defendant's violation and/or as substitute property pursuant to 21 U.S.C. § 853(p) to satisfy a forfeiture judgment in the agreed amount of $771, 269.00;

         7. A Preliminary Order of Forfeiture forfeiting the Real Property pursuant to 18 U.S.C. § 982(a)(7) and 21 U.S.C. § 853(p) was entered on February 15, 2019 [DE-29];

         8. The Preliminary Order of Forfeiture:

a. Ordered the forfeiture of the Real Property pursuant to 18 U.S.C. § 982(a)(7) and 21 U.S.C. § 853(p);
b. Ordered that the forfeiture was final as to the interests of the Defendant pursuant to Fed. R. Crim. P. 32.2(a)(4)(B);
c. Ordered that any person other than the Defendant claiming any legal interest in the Real Property must file a petition with the Court within the time period for the filing of third-party claims as set forth in 21 U.S.C. § 853(n); and
d. Retained jurisdiction to enforce the Preliminary Order of Forfeiture and amend it as necessary pursuant to Fed. R. Crim. P. 32.2(e);

         9. The Defendant was sentenced and a Judgment was entered on February 15, 2019 [DE-31] and that Judgment incorporated the ...


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