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United States v. Anderson

United States District Court, D. South Carolina, Florence Division

March 14, 2017

UNITED STATES OF AMERICA
v.
STEPHEN TRACY ANDERSON

          AMENDED PRELIMINARY ORDER OF FORFEITURE AS TO STEPHEN TRACY ANDERSON

          BRUCE HOWE HENDRICKS UNITED STATES DISTRICT JUDGE

         This 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:

         1. On 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.

         2. 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:

         A. Proceeds/ Money Judgment:[1]

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.

         3. On 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.

         4. On 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 sentencing.

         5. On March 8, 2017, Anderson was sentenced to time served and ordered to pay $108, 846.60 in restitution.

         6. 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).

         7. The 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.

         Accordingly, 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).

         2. 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.

         3. The United States may sell or otherwise dispose of any substitute assets in accordance with law as required to ...


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