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United States v. Peithman

United States District Court, D. Nebraska

April 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ALLEN E. PEITHMAN, JR., SHARON A. ELDER; CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., Defendants

          PRELIMINARY ORDER OF FORFEITURE

          Richard G. Kopf Senior United States District Judge.

         This matter comes on before the Court upon the United States' Motion for Preliminary Order of Forfeiture (Filing No. 294). The Court reviews the record in this case and, being duly advised in the premises, finds as follows:

         1. On March 28, 2017, the Defendants, Allen E. Peithman, Jr., Sharon A. Elder, and Cornerstone Plaza, Inc., were found guilty of Count VIII, Conspiracy to Sell Drug Paraphernalia, in violation of 21 U.S.C. § 846; Count IX, Investment of Illicit Drug Proceeds, in violation 21 U.S.C. §§ 841 and 846; and Count XI, Conspiracy to Commit Mail Fraud, in violation of 18 U.S.C. §§ 371 and 1341. All three of those defendants and AEP Properties, L.L.C., were also found guilty of Count XII, Conspiracy to Structure Currency Transactions,, in violation of 18 U.S.C. §§ 371 and 31 U.S.C. §§ 5324(a)(1) and 5324(a)(3). (Filing No. 262).

         2. The jury returned its Special Verdict, (Filing No. 285) on March 29, 2017, forfeiting the Defendants' interests in the following-described properties, which constituted proceeds of such violations and/or were property used or intended to be used to facilitate such violations, and therefore subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(1), 21 U.S.C. §§ 853(a)(1) and 853(a)(2), 28 U.S.C. § 2461(c) and 31 U.S.C. § 5317(c):

a. Union Bank & Trust business checking account ending in xxxx0947, in the name of Cornerstone Plaza, Inc.;
b. 3, 687 pipes, dugouts, glass pipes, bongs, and water pipes;
c. 45 containers of rolling papers/wraps;
d. 572 packages of potpourri.

         3. By virtue of Defendants' convictions, the Defendants have forfeited their interests in the subject properties, and the United States should be entitled to possession of said properties, pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(1), 21 U.S.C. §§ 853(a)(1) and 853(a)(2), 28 U.S.C. § 2461(c) and 31 U.S.C. § 5317(c).

         4. The United States' Motion for Preliminary Order of Forfeiture should be sustained. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:

         A. The United States' Motion for Preliminary Order of Forfeiture is hereby sustained.

         B. Based upon the Forfeiture Allegations of the Indictment and the Defendants' conviction, the United States is hereby authorized to seize the following properties:

a. Union Bank & Trust business checking account ending in xxxx0947, in the name of ...

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