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United States v. Johnson

United States District Court, S.D. Ohio, Western Division

June 6, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
AARON JOHNSON, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          WALTER H. RICE, UNITED STATES DISTRICT JUDGE

         Upon the United States' Motion for Preliminary Order of Forfeiture and the Court's review of the evidence in the record, including the Plea Agreement, the Court HEREBY FINDS THAT:

         On February 11, 2019, the United States charged defendant AARON JOHNSON in a one-count Information with Conspiracy to Produce, Use, or Traffic in Counterfeit Access Devices, in violation of 18 U.S.C. § 1029(a)(1) and (b)(2) and (c)(1)(A)(i). Pursuant to Fed. R. Crim. P. 32.2(a), a forfeiture allegation in the Information contained notice to the Defendant that the United States would seek the forfeiture of items seized by law enforcement on or about September 1, 2018, in Miami County, Ohio.

         On March 5, 2019, the Defendant entered into a Plea Agreement with the United States in which the Defendant agreed to plead guilty to Count 1 of the Information and agreed to the immediate forfeiture, pursuant to 18 U.S.C. § 982(a)(2)(B), of any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of the violation charged in the one-count Information, and pursuant to 18 U.S.C. § 1029(c)(1)(C), of any personal property used or intended to be used to the commit the offense, including but not limited to the following (the "subject property"):

• Deftun MSR-X6 card reader/writer/encoder;
• Alcatel phone, Model 5044R, MEI 015026001718418;
• LG G6 black cellphone seized from the interior of a U-Haul rental van in which the Defendant was a passenger;
• Coolpad cellphone, Model 3632A, IMEI: 862429034347730;
• $200.00 in U.S. Currency;
• Bankcorp Bank "Vanilla" Visa $25.00 gift card, valued at $7.57;
• U.S. Bank "A Gift for You" gift card, valued at $11.75;
• Two Metabank Target $50.00 gift cards;
• Six $50.00 Apple iTunes gift cards;
• Two $25.00 Apple iTunes gift ...

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