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United States v. McCaffity

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

January 13, 2020

UNITED STATES OF AMERICA,
v.
TAMARA PERRY MCCAFFITY, Defendant.

          FINAL ORDER OF FORFEITURE OF REAL PROPERTY KNOWN AS 5 ELMRIDGE COURT, DURHAM, NC

          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 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”);
b. 648 CRYSTAL BAY LANE, ORLANDO, FLORIDA 32828, (“648 CRYSTAL LN.”);
c. 5 ELMRIDGE COURT, DURHAM, NORTH CAROLINA, (“5 ELMRIDGE CT.”);

         3. The legal description for 5 ELMRIDGE COURT, DURHAM, NORTH CAROLINA is more specifically described as follows:

Being all of Lot 51 in Stoneridge Subdivision, Phase 1 as shown on Plat recorded in Plat Book 130, Page 41, Durham County Registry;

         4. A Lis Pendens giving notice of the United States' intent to forfeit 5 ELMRIDGE COURT, DURHAM, NORTH CAROLINA was filed with the Durham County Clerk of Superior Court on September 18, 2018, Case No: 18-M-1035;

         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. Crm. 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. Crm. 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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