The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
PRELIMINARY ORDER OF FORFEITURE
Based upon the plea agreements entered into between plaintiff United States of America and defendants Jose M. Mata and Maria Benitez, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), defendants Jose M. Mata and Maria Benitez' interests in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:
a. Approximately $1,178.00 in U.S. Currency, which was seized on or about September 25, 2008.
2. The above-listed property constitutes or was derived from proceeds traceable to a violation of 18 U.S.C. § 371 - Conspiracy to Commit Mail Fraud and Identity Theft.
3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the above-listed property. The aforementioned property shall be seized and held by the U.S. Marshals Service, in its secure custody and control.
4. a. Pursuant to 28 U.S.C. § 2461(c) incorporating 21 U.S.C. § 853(n) and Local Rule 83-171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice of the Attorney General's (or a designee's) intent to dispose of the property in such manner as the Attorney General may direct shall be posted for at least 30 consecutive days on the official internet government forfeiture site www.forfeiture.gov. The United States may also, to the extent practicable, provide direct written notice to any person known to have an alleged interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.
b. This notice shall state that any person, other than the defendants, asserting a legal interest in the above-listed property, must file a petition with the Court within sixty (60) days from the first day of publication of the Notice of Forfeiture posted on the official government forfeiture site, or within thirty (30) days from receipt of direct written notice, whichever is earlier.
5. If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), in which all interest will be addressed.
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