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United States v. Truitt

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

January 2, 2018

UNITED STATES OF AMERICA
v.
FRANK WILLIAM TRUITT, a/k/a “Fatz” CRIMINAL

          PRELIMINARY ORDER OF FORFEITURE

          BRUCE HOWE HENDRICKS 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 Frank William Truitt, (“Truitt”, “Defendant”), based upon the following:

         1. On May 9, 2017, a Superseding Indictment (“Indictment”) was filed charging Truitt with:

Count 1: Drug trafficking conspiracy, in violation of 21 U.S.C. § § 841(a)(1), (b)(1)(B) and 846;
Count 2: Conspiracy to use, carry and possess firearms in furtherance of a drug trafficking crime, in violation of 18 U.S.C. §924(o);
Count 16: Knowingly and intentionally did use a communication facility, to wit: a telephone, to facilitate the commission of a felony, under the Controlled Substances Act, to wit: conspiracy to possess with intent to distribute and possession with intent to distribute and distribution of heroin and marijuana, and cocaine and fentanyl, and did aid and abet each other in the commission of the aforesaid offense in violation of 21 U.S.C. § 841(a)(1), 843(b), 846 and 18 U.S.C. § 2.

         2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a forfeiture allegation providing that upon Truitt'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.

         Cash Proceeds/ Money Judgment [1]:

A sum of money equal to all property the Defendant obtained as a result of the drug offenses charged in the Indictment, and all interest and proceeds traceable thereto as a result for his violations of Title 18 and Title 21 offenses.

         3. On March 21, 2017, a Bill of Particulars was filed with the court regarding property alleged in the Superseding Indictment filed May 9, 2017, as also being subject to forfeiture to the United States. Such property includes:

         B.

         Firearm:

Smith and Wesson Model 686 .357 Magnum Revolver
Serial No.: SDL0455
Seized from Frank Truitt on February ...

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