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United States v. Atlas Importers, Inc.

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

March 16, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ATLAS IMPORTERS, INC., Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          R. Bryan Harwell United States District Judge

         This matter is before the Court on the Motion of the United States for a Preliminary Order of Forfeiture as to Defendant Atlas Importers, Inc. (“Atlas”, “Defendant”), based upon the following:

         1. On January 13, 2017, an Information was filed charging Atlas with smuggling, in violation of 18 U.S.C. § 545.

         2. Pursuant to Fed. R. Crim. P. 32.2(a), the Information contained a notice of forfeiture providing that upon Atlas' conviction, certain properties enumerated therein, or equivalent substitute assets, would be subject to forfeiture to the United States. As specified, such assets include, but are not limited to the following:

(1) Cash Proceeds/Personal Money Judgment:[1]
A sum of money equal to all proceeds the Defendant obtained directly or indirectly as the result of the offenses charged in this Information, or traceable to such property, that is, a minimum of $50, 000.00 in U.S. currency, and all interest and proceeds traceable thereto.
(2) Explosives:
596 Cartons of Fireworks Seized from: Georgia Ports Authority Seizure Dated: September 28, 2015 Asset ID: 15-CBP-000483

         3. On February 28, 2017, Atlas plead guilty to the smuggling charge, in violation of 18 U.S.C. § 545.

         4. Based on Defendant's conviction and other matters of record, the Court has determined that Atlas has an interest in the below-described property, and that the property is subject to forfeiture to the United States pursuant to 18 U.S.C. §§ 545 and 982(a)(2)(B), and 28 U.S.C. § 2461(c).

         5. The Court has determined that the Government has established the requisite nexus between the said property subject to forfeiture and the offense for which Atlas has been convicted; therefore, the United States is entitled to a 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 following property is hereby forfeited to the United States of America, along with all right, title, and interest of the Defendant Atlas Importers, Inc., in and to such property.

Explosives:
596 Cartons of Fireworks Seized from: Georgia Ports Authority Seizure Dated: September 28, 2015 ...

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