United States District Court, D. South Carolina, Florence Division
PRELIMINARY ORDER OF FORFEITURE
BRYAN HARWELL, UNITED STATES DISTRICT JUDGE.
matter is before the Court on the Motion of the United States
for a Preliminary Order of Forfeiture as to Defendant Lorenzo
Labell Jones (“Jones”, “Defendant”),
based upon the following:
October 30, 2017, a multi-count sealed Indictment was filed
charging Jones with drug trafficking, in violation of 21
U.S.C. §§ 841 and 846.
Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment
contained a notice of forfeiture providing that upon
Jones' 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:
A sum of money equal to all property the Defendants obtained
as a result of the drug offenses charged in the Indictment,
and all interest and proceeds traceable thereto as a result
for their violations of 21 U.S.C. §§ 841 and 846.
April 16, 2018, Jones pled guilty pursuant to a written plea
agreement to Count 28 of the Indictment, which charges
possession with intent to distribute and distribution of a
quantity of cocaine base and hydrocodone/acetaminophen, in
violation of 21 U.S.C. § 841 and agreed to the entry of
a forfeiture money judgment.
Based on Defendant's conviction, the Court has determined
that the government has established the requisite nexus
between the amount of proceeds and the offense for which
Defendant has been convicted; therefore the United States is
entitled to a preliminary order of forfeiture, subject to the
provisions of U.S.C. § 853 governing third party rights.
The Court has determined that the property described above is
subject to forfeiture, pursuant to 21 U.S.C. §§ 853
and 881 and 28 U.S.C. § 2461(c). Therefore, it is
ORDERED THAT all property, real or personal, which
constitutes or is derived from proceeds the Defendant
obtained, directly or indirectly, or used or intended to be
used in any manner or part to commit or facilitate the
commission of such violation of Title 21 U.S.C. § 841
are forfeited to the United States.
Court further finds that one or more of the conditions set
forth in Title 21, United States Code, Section 853(p),
is, therefore, ORDERED that the United States is entitled to
forfeit substitute assets equal to the value of the proceeds
obtained by Defendant as a result of his violation of Title
21, United States Code, Section 841, and that such substitute
assets shall not exceed the value of the proceeds Defendant
it is hereby ORDERED, 1. The below-described
property, and all right, title, and interest of the
Defendant, Lorenzo Labell Jones, 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 Lorenzo Labell Jones and in
favor of the United States for an undetermined amount, 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 satisfy the
above imposed money judgment.
the entry of this Order, the United States Attorney is
authorized to conduct proper discovery in identifying,
locating, or disposing of the described property, or other
substitute assets, in accordance with Fed. R. Crim. P.
32.2(b)(3); and to commence ...