United States District Court, D. South Carolina, Florence Division
AMENDED PRELIMINARY ORDER OF FORFEITURE AS TO STEPHEN
HOWE HENDRICKS UNITED STATES DISTRICT JUDGE
matter is before the court on the motion of the United States
for an Amended Preliminary Order of Forfeiture as to
Defendant Stephen Tracy Anderson (“Anderson”,
“Defendant”), based upon the following:
October 27, 2015, an Indictment was filed charging Anderson
with bank fraud, in violation of Title 18, United States
Code, Section 1344 and making false statements to a bank, in
violation of Title 18, United States Code, Section 1014.
Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment
contained a forfeiture allegation providing that upon
Anderson's conviction, certain properties enumerated
therein, or equivalent substitute assets, would be subject to
forfeiture to the United States. As specified therein, such
assets include, but are not limited to the following:
Proceeds/ Money Judgment:
A sum of money equal to all proceeds the Defendant obtained,
directly or indirectly, from the offenses charged in this
Indictment, that is, a minimum of approximately, $300, 000.00
in United States currency, and all interest and proceeds
traceable thereto, and/or that such sum equals all property
involved in or traceable to his violations of 18 U.S.C.
§ § 1344 and 1014.
August 17, 2016, Anderson signed a Plea Agreement, agreeing
to forfeiture and on August 19, 2016, Anderson pled guilty to
false statement to a bank charge.
January 23, 2017, a Preliminary Order of Forfeiture was
filed, wherein the court granted a forfeiture money judgment
in an unspecified amount, which would be amended after
March 8, 2017, Anderson was sentenced to time served and
ordered to pay $108, 846.60 in restitution.
Based upon Defendant's conviction, the court has
determined that the property described above is subject to
forfeiture, pursuant to 18 U.S.C. § 982(a)(2) and 28
U.S.C. § 2461(c).
court has determined that the government has established the
requisite nexus between the money judgment and the offense
for which Anderson has been convicted; therefore, the United
States is entitled to an amended preliminary order of
forfeiture, subject to the provisions of 21 U.S.C. § 853
governing third party rights.
it is hereby ORDERED, 1. The below-described property, and
all right, title, and interest of the Defendant, Stephen
Tracy Anderson, in and to such property, is hereby forfeited
to the United States of America, for disposition in
accordance with law, subject to the rights of third parties
in such property under 21 U.S.C. § 853(n).
FORFEITURE IS ORDERED against Anderson and in favor of the
United States in the amount of $108, 846.60, along with
appropriate costs and interest thereon at the rate provided
for in 28 U.S.C. § 1961. The United States may at any
time move pursuant to Rule 32.2(e) to amend this Order to
substitute property to satisfy the money judgment.
United States may sell or otherwise dispose of any substitute
assets in accordance with law as required to ...