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United States v. Gomes

United States District Court, S.D. California

February 22, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
RENAN DIAS DA ROCHA GOMES, Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          HONORABLE CATHY ANN BENCIVENGO, UNITED STATES DISTRICT JUDGE

         Order WHEREAS, in the Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in proceeds of the offense received by Defendant RENAN DIAS DA ROCHA GOMES ("Defendant"), pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461, as charged in the Information; and

         WHEREAS, on or about December 21, 2017, Defendant pled guilty before Magistrate Judge Mitchell D. Dembin to the Information, which plea included consent to the forfeiture allegations of the Information, including an agreement to forfeit to the United States $1, 240.00 in U.S. Currency and Miscellaneous gift cards, as well as forfeiture of the amount of $39, 675.25 as the amount of proceeds Defendant received from the offense, which forfeiture shall be included and incorporated as part of the judgment in this case;

         WHEREAS, on January 17, 2018 this Court accepted the guilty plea of Defendant; and

         WHEREAS, by virtue of the facts set forth in the plea agreement, the United States has established the requisite nexus between the forfeitable properties and the offense; and WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of the forfeitable properties, pursuant to 21 U.S.C. § 853 and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and

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

         WHEREAS, by virtue of the admissions of the Defendant set out in the plea agreement and guilty plea, the Court determined that $39, 675.25 represents proceeds Defendant obtained from the offense of Wire Fraud, in violation of 18 U.S.C. § 1343, as charged in the Information; and

         WHEREAS, by virtue of said guilty plea and the Court's findings, the United States is now entitled to an Order of Forfeiture in its favor against the Defendant for $1, 240.00 in U.S. Currency and miscellaneous gift cards and for proceeds received by the Defendant in the amount of $39, 675.25, pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c) and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and

         WHEREAS, the Defendant has agreed that the provisions for the substitution of assets as provided in 21 U.S.C, § 853(p) exist and has agreed the United States may take actions to collect the forfeiture; 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 $1, 240.00 in U.S. currency and miscellaneous gift cards, and all right, title and interest of Defendant RENAN DIAS DA ROCHA GOMES in them 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).

         2. The forfeited $1, 240.00 in U.S. Currency is to be held by the United States Marshals Service in its secure custody and control, and the miscellaneous gift cards will be destroyed as not having value.

         3. Pursuant to Rule 32.2(b) and (c), the United States is hereby authorized to begin proceedings consistent with any statutory requirements pertaining to ancillary hearings and rights of third parties. The Court shall conduct ancillary proceedings as the Court deems appropriate only upon the receipt of timely third party petitions filed with the Court and served upon the United States. The Court may determine any petition without the need for further hearings upon the receipt of the Government's response to any petition. The Court may enter an amended order without further notice to the parties.

         4. Pursuant to the Attorney General's authority under Section 853(n)(1) of Title 21, United States Code, Rule 32.2(b)(6), Fed. R. Crim. P., and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the United States forthwith shall publish for thirty (30) consecutive days on the Government's forfeiture website, www.forfeiture.gov. notice of this Order, notice of the United States' intent to dispose of the $1, 240.00 in such manner as the Attorney General may direct, and notice that any person, other than the Defendant, having or claiming a legal interest in the ...


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