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United States v. Dillon

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

May 1, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
HOWARD DILLON a/k/a Robert Bradshaw ANITA SHAPIRO URBAN S. OSHEA, II MADGELYN MELISSA DENIS KIRTON Defendants.

          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 the above-captioned defendants (“Defendants”) based upon the following:

         1. On November 15, 2016, an Indictment was filed charging the Defendants with:

Count 1: Conspiracy to utter forged or counterfeited securities and conspiracy to commit identity and mail theft, in violation of 18 U.S.C. §§ 513, 1028, 1708, and 371;
Count 2: Conspiracy to commit wire fraud and bank fraud, in violation of 18 U.S.C. §§ 1343, 1344, and 1349; and
Counts 3 and 4: Identity theft, in violation of 18 U.S.C. § 1028.

         2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a notice of forfeiture providing that upon the Defendants' 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. MONEY JUDGMENT/ PROCEEDS[1]:

         A sum of money equal to all proceeds the Defendants obtained directly or indirectly as the result of the offenses charged in this Indictment, that is, a minimum of approximately $32, 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 their violations of Title 18 U.S.C. for which the Defendants are jointly and severally liable.

         3. The Defendants pled guilty pursuant to written plea agreements to Count 1, conspiracy to utter forged or counterfeited securities and conspiracy to commit identity and mail theft, and agreed to the entry of a forfeiture money judgment.

         4. Based upon the Defendants' convictions, the court has determined that the property described above is subject to forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C) 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 the Defendants have 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 below-described property, and all right, title, and interest of the Defendants 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 each Defendant and in favor of the United States in the amount of $31, 509.00, along with appropriate costs and interests thereon at the rate provided for in 28 U.S.C. § 1961. The United States may at any time move pursuant to Rule ...


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