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United States v. Murray

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 13, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILLIAM R. MURRAY, DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia United States District Judge

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreement entered into between plaintiff United States of America and defendant William R. Murray 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), defendant William R. Murray's interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:

a) A sum of money equal to the total amount of money involved in the scheme, for which defendant is convicted;

b) *****fn1

c) approximately 350 bottles of wine located at Morton's Steakhouse in Sacramento and 1020 Wilhaggin Park Lane, Sacramento;

d) one Smith & Wesson revolver;

e) two pieces of visual art, described as a city street scape and a Jimmy Buffet artwork;

f) approximately 10 Persian rugs;

g) Cartier earrings;

h) Rolex Day/Date President watch;

i) Mikimoto pearl necklace and earrings;

j) Grebitus diamond earrings;

k) Rolex watch (women's);

l) two silver bracelets (one single-band and one multi-band);

m) Morgan Stanley money market account with approximately $2,000.00 and a Morgan Stanley brokerage account, both in name of William Murray;

n) Smith Barney brokerage account in name of William Murray;

o) Wells Fargo personal account in name of William Murray;

p) Net proceeds from the sale of Luxx 1- 2006 Lincoln Town Car Sedan, VIN 1LNHM84W16Y634671, pursuant to the asset purchase agreement dated December 23, 2009, and amended January 1, 2010, between Baja Limo, Inc. and Jenkins & Murray Enterprises, Inc.;

q) Net proceeds from the sale of Luxx 2- 2004 Lincoln Town Car Limousine, VIN 1L1FM81W34Y620846; pursuant to the asset purchase agreement dated December 23, 2009, and amended January 1, 2010, between Baja Limo, Inc. and Jenkins & Murray Enterprises, Inc.;

r) Net proceeds from the sale of sale of Luxx Limousine, pursuant to the asset purchase agreement dated December 23, 2009, and amended January 1, 2010, between Baja Limo, Inc. and Jenkins & Murray Enterprises, Inc.;

s) **** See footnote 1;

t) **** See footnote 1;

u) **** See footnote 1;

v) one twenty-gauge shotgun;

w) Merrill Lynch brokerage account in the name of William Murray.

2. Pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), and 21 U.S.C. § 853(p), defendant William R. Murray's interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:

x) one twelve-gauge shotgun;

y) one rifle;

z) one shotgun; aa) two pieces of Leroy Nieman artwork; bb) one Morgan Stanley brokerage account (tax-deferred) containing approximately $58,000; cc) $500 derived from the sale of scanner and King's tickets; dd) interest in partnership holding a condominium in Virginia; and ee) all assets of Murray & Young, an Accountancy Corporation, including all funds payable to Murray & Young, an Accountancy Corporation pursuant to Paragraph 2 of the Asset Purchase Agreement ("Agreement"), effective December 10, 2009, between Malkasian Accountancy, LLP and Murray and Young, an Accountancy Corporation, after payment of the fees described in Paragraph 2(b) of the Agreement.

3. The assets described in (a), (c)-(r), and (v)-(w) constitute properties that are proceeds of, and traceable to, a violation of 18 U.S.C. § 1341. The assets described in (x)-(ee) constitute substitute assets as defined in 21 U.S.C. § 853(p)(2), and are subject to forfeiture pursuant to 21 U.S.C. § 853(p)(1). If any of these assets have or will be sold by defendant or anyone acting on his behalf, the net proceeds shall be forfeitable to the United States under the statutes described in paragraphs one through three.

4. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the above-listed property, or the net proceeds from the sale of the property. The aforementioned property shall be seized and held by the Department of the Treasury, Internal Revenue Service - Criminal Investigation, in its secure custody and control.

5. As the result of the offenses of conviction, and based upon the plea agreement of William R. Murray, the Court hereby enters the following money judgment:

a. As against defendant William R. Murray the Court enters a money judgment in the amount of $13.5 million. To the extent that the United States realizes any sums from the forfeiture of assets specified in this preliminary order of forfeiture, the sum of the $13.5 million money judgment shall be reduced accordingly.

6. a. Pursuant to 28 U.S.C. § 2461(c), incorporating 21 U.S.C. § 853(n), and Local Rule 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 alleged an 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 defendant, 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.

7. 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), 28 U.S.C. § 2461(c), and 21 U.S.C. § 853(p), in which all interests will be addressed.

SO ORDERED this 13th day of April, 2010.


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