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United States v. Knox

United States District Court, Eighth Circuit

June 17, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM R. KNOX, Defendant.

PRELIMINARY ORDER OF FORFEITURE

LAURIE SMITH CAMP, Chief District Judge.

This matter comes on before the Court upon the United States' Motion for Issuance of Preliminary Order of Forfeiture (Filing No. 44). The Court reviews the record in this case and, being duly advised in the premises, finds as follows:

1. The Defendant has agreed to plead guilty to Counts 1 and 4 and agreed to admit to the Forfeiture Allegation of said Indictment. Count 1 charged the Defendant with conspiracy, in violation of 18 U.S.C. § 371. Count 4 charged the Defendant with money laundering conspiracy, in violation of 18 U.S.C. § 1956(h). The Forfeiture Allegation sought the forfeiture, pursuant to 18 U.S.C. §§ 981(a)(1)(c), 982(a)(1), 2428, and 28 U.S.C. § 2461, of the following properties:

a. One white 2005 Ford Expedition, VIN 1FMFU18505LA67848;
b. One white 2004 Nissan Roadster, VIN JN1AZ36A84T012061;
c. Seized contents of bank account number xxxxxx3365 under the name NTS Spa, Ltd., d/b/a Ninety Third Street Spa at Wells Fargo Bank, N.A., in Omaha, Nebraska;
d. Seized contents of bank account number xxx4401 under the name Knox Contracting and Development Corp., William R. Knox, at Gateway Community Bank, a division of Northwest Federal Savings, aka Northwest Bank, in Omaha, Nebraska;
e. Seized contents of bank account number xxx8624 under the name William R. Knox at Gateway Community Bank, a division of Northwest Federal Savings Bank, aka Northwest Bank, in Omaha, Nebraska;

2. The Forfeiture Allegation also sought judgment against the Defendant for a sum of money equal to the value of the property constituting or derived from any proceeds the Defendant obtained, directly or indirectly, as a result of the offenses alleged in the Indictment. It also sought the forfeiture of substitute property pursuant to 18 U.S.C. §§ 982(a)(2)(B), 1030(i) and (j), as incorporated by 21 U.S.C. § 853(p).

3. The Defendant further agreed to admit the Money Judgment in the amount of $225, 000.00. In satisfaction of the Money Judgment, the Defendant agreed to deliver to an agent of the Internal Revenue Service a Cashier's Check in the amount of $225, 000.00, payable to the Department of Treasury, on or before the date of the sentencing hearing.

4. By virtue of said plea of guilty, the Defendant forfeits his interest in the properties described in paragraph No. 2, above. The United States should be entitled to possession of said properties, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c).

5. The United States' Motion for Issuance of Preliminary Order of Forfeiture should be sustained.

IT IS ORDERED:

A. The United States' Motion for Issuance of Preliminary Order of ...


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