United States District Court, S.D. Ohio, Western Division
PRELIMINARY ORDER OF FORFEITURE
H. RICE, UNITED STATES DISTRICT JUDGE
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
1, 2019, the United States charged defendant Anthony James
Franklin in a one-count Superseding Information with
possession with intent to distribute fentanyl and acetyl
fentanyl, in violation of 21 U.S.C. § 841(a)(1) and
10, 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 Superseding Information and agreed
to the immediate forfeiture, pursuant to 21 U.S.C. §
853(a), of all property constituting, or derived from, any
proceeds the Defendant obtained, directly or indirectly, as a
result of such violation and all property used, or intended
to be used in any manner or part, to commit, or to facilitate
the commission of such violation, including but not limited
to the following (the "subject property''):
• $1, 326.00 in U.S. Currency; and
• Miscellaneous cellular phones.
Defendant entered a plea of guilty to Count 1 of the
Superseding Information on May 10, 2019.
subject property is forfeitable, pursuant to 21 U.S.C. §
853(a), as proceeds and/or property that facilitated the
offense set forth in Count 1 of the Superseding Information
to which the Defendant has pleaded guilty. The Defendant had
an interest in the subject property.
United States has established the requisite nexus between the
subject property and the Defendant's offense.
IT IS HEREBY ORDERED THAT:
right, title, and interest in the subject property is
condemned and forfeited to the United States pursuant to 21
U.S.C. § 853(a).
United States is authorized to seize the subject property,
pursuant to 21 U.S.C. § 853(g) and Fed. R. Crim. P.
32.2(b)(3), whether held by the Defendant or a third party;
conduct any discovery for identifying, locating, or disposing
of the property; and to commence proceedings that comply with
any statutes governing third party rights.
accordance with the direction provided by the Attorney
General and Fed. R. Crim. P. 32.2(b)(6), the United States
shall publish notice of this Order and send notice to any
person who reasonably appears to be a potential claimant with
standing to contest the forfeiture in the ancillary
proceeding. Publication must take place as described in
Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil
Procedure, and may be by any means described in Supplemental
Rule G(4)(a)(iv). Publication is unnecessary if any exception
in Supplemental Rule G(4)(a)(i) applies.
notice must describe the forfeited property, state the times
under the applicable statute when a petition contesting the
forfeiture must be filed, and state the name and contact
information for the Assistant United States Attorney to be
served with the ...