United States District Court, D. South Carolina, Columbia Division
ORDER FOR FORFEITURE OF SUBSTITUTE ASSETS
MARGARET B. SEYMOUR Senior United States District Judge
matter is before the court on the Government’s Motion
for Forfeiture of Substitute Assets, filed pursuant to Rule
32.2(e) of the Federal Rules of Criminal Procedure and 21
U.S.C. § 853(p). In consideration of the motion and
affidavit of Paul Lee, as well as the record in this matter,
the court finds as follows:
January 22, 2016, Dennis Owen Paulsen was convicted by a jury
of two counts of theft of government funds in violation of 18
U.S.C. § 641. Prior to sentencing, this Court entered a
Preliminary Order of Forfeiture, ordering the defendant to
forfeit $1, 678, 997.00 in U.S. Currency to the United States
in the form of a money judgment, pursuant to 18 U.S.C. §
981(a)(1)(C) and 28 U.S.C. § 2461(c). On April 27, 2016,
the Court sentenced Paulsen to concurrent 41 month terms,
supervised release of three years, restitution, and a $200
special assessment. The Judgment and Conviction also
incorporated the forfeiture money judgment of $1, 678,
997.00. To date, the outstanding balance on the money
judgment remains $1, 678, 997.00.
on further investigation by the Government, the United States
has discovered that Paulsen is the owner of real property
located at 108 Ashley Ridge Road Blythewood, South Carolina
Court finds that, pursuant to the provisions of 21 U.S.C.
§ 853(p) and Federal Rule of Criminal Procedure
32.2€(1)(B), the United States is entitled to the
forfeiture of substitute assets, including the
above-referenced property, in partial satisfaction of
Defendant’s $1, 678, 997.00 outstanding money judgment.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
Based upon the Judgment and Preliminary Order of Forfeiture
as to Defendant Paulsen, Defendant’s interest in 108
Ashley Ridge Road Blythewood, South Carolina 29016 is
herewith forfeited to the United States for disposition in
accordance with the law.
entry of this Order, the U.S. Marshals Service is authorized
to seize and restrain the above-listed property, whether held
by Defendant or by a third party, and to take any other steps
deemed warranted to preserve its availability for forfeiture
pending the conclusion of any third-party proceedings which
may be conducted in this matter.
Order shall serve as a Writ of Entry and Inspection,
authorizing the U.S. Marshals Service, and their authorized
representatives to enter onto and into the premises of the
above-described real property as necessary for purposes of
conducting inspections, appraisals and videotaping the
property, to record and document the condition, value and
maintenance of the property until these proceedings are
concluded. Any occupants shall be served with a copy of this
order and provided notice of the forfeiture of the said
and all forfeited funds obtained from the seize and sale of
the above-listed property shall be deposited by the U.S.
Marshals Service as soon as located or recovered in the
Department of Justice Asset Forfeiture Fund in accordance
with 28 U.S.C. § 524(c) and 21 U.S.C. § 881(e).
Pursuant to 21 U.S.C. § 853(n), the United States shall
publish notice of this Order and its intent to dispose of the
property in such manner as the United States Attorney General
directs, by publishing and sending notice in the same manner
as in civil forfeiture cases, as provided in Supplemental
Rule G(4). The United States may also, to the extent
practical, provide written notice to any person known to have
an alleged interest in the said property.
person, other than the Defendant, asserting a legal interest
in the property, within thirty days of the final publication
of notice or receipt of actual notice, which is earlier, may
petition the court for a hearing without a jury to adjudicate
the validity of such person’s alleged interest in the
subject property, and for an amendment of the order of
forfeiture, pursuant to 21 U.S.C. § 853(n)(6).
Pursuant to 21 U.S.C. § 853(n)(3), any petition filed by
a third party asserting an interest in the above-referenced
property shall be signed by the petitioner under penalty of
perjury and shall set forth the nature and extent of the
petitioner’s right, title, or interest in the subject
property, the time and circumstances of the
petitioner’s acquisition of the right, title or
interest in such property, and any additional facts
supporting the petitioner’s claim and relief sought.
United States shall have clear title to the property
following the court’s determination of all third-party
interests, or, if no petitions are filed, following the
expiration of the period provided in 21 ...