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United States of America v. Royann L. Schmidgall

April 19, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROYANN L. SCHMIDGALL, DEFENDANT.



The opinion of the court was delivered by: John M. Gerrard United States District Judge

PRELIMINARY ORDER OF FORFEITURE

This matter is before the Court on the plaintiff's Motion for Issuance of Preliminary Order of Forfeiture (filing 33).

The indictment in this case (filing 1) charged the defendant with 15 counts of wire fraud, in violation of 18 U.S.C. § 1343, and contained a forfeiture allegation seeking forfeiture of "any property, real or personal, which constitutes or is derived from proceeds traceable to the offenses." Filing 1 at 4. The property to be forfeited included, but was not limited to:

(a) 2004 Dodge Durango VIN ID4HB58D74F2398301997

(b) 2004 Volkswagen New Beetle VIN 3VWCM31Y54M321393

(c) Holiday Rambler Motor Home VIN 3FCMF53G4VJA18190

(d) $229,930.15 contained in Account #177-71347-17 at Morgan Stanley Smith Barney

Filing 1 at 4. The plaintiff represents that Morgan Stanley Smith Barney stands ready to deliver the funds held in the above-referenced account to the United States Secret Service. Filing 33.

The defendant has pled guilty to Count 15 of the indictment, and admitted the forfeiture allegation as to the property listed above. See filing 29 at 1. By virtue of pleading guilty to the charge and admitting the forfeiture allegation, the defendant has forfeited her interest in the property, and the plaintiff should be entitled to possession of the property pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). Therefore, the plaintiff's motion for a preliminary order of forfeiture (filing 33) is granted.

IT IS ORDERED:

1. The plaintiff's Motion for Issuance of Preliminary Order of Forfeiture (filing 33) is granted.

2. The United States Secret Service is authorized to seize the following property:

(a) 2004 Dodge Durango VIN ID4HB58D74F2398301997

(b) 2004 Volkswagen New Beetle VIN ...


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