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United States of America v. Ken Lafond (4

August 10, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
KEN LAFOND (4),
DEFENDANT.



The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

PRELIMINARY ORDER OF CRIMINAL FORFEITURE

WHEREAS, in the Superseding Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in specific properties of the above-named Defendant, KEN LaFOND (4) ("Defendant"), pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) as properties involved in the commission of the offense to which the Defendant pled guilty, as charged in the Superseding Information; and

WHEREAS, on or about July 9, 2012, Defendant, pled guilty to the Superseding Information, which plea included consent to the criminal forfeiture allegation pursuant to Title 18 and Title 28 as set forth in the Superseding Information; and

WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the United States has established the requisite nexus between the forfeited properties and the offense; and

WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of said properties, pursuant to 18 U.S.C. § 924(d), 28 U.S.C. § 2461(c) and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and

WHEREAS, pursuant to Rule 32.2(b)(3), the United States having requested the authority to take custody of the following properties which were found forfeitable by the Court, namely:

1. Lorcin Engineering, L380, .380 caliber firearm bearing serial number 306330, and

2. Davis Industries, P-380, .380 caliber firearm bearing serial number AP024593; and

WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;

Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1. Based upon the guilty plea of the Defendant, the United States is hereby authorized to take custody and control of the following assets, and all right, title and interest of Defendant KEN LaFOND (4) in these assets are hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):

1. Lorcin Engineering, L380, .380 caliber firearm bearing serial number 306330, and

2. Davis Industries, P-380, .380 caliber firearm bearing serial number AP024593.

2. The aforementioned forfeited assets are to be held by Alcohol, Tobacco, Firearms and Explosives in its ...


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