United States District Court, D. Nebraska
PRELIMINARY ORDER OF FORFEITURE
F. ROSSITER, JR. UNITED STATES DISTRICT JUDGE
matter is before the Court on the government's Motion for
Preliminary Order of Forfeiture (Filing No. 56). The Court
has carefully reviewed the record in this case and finds as
June 28, 2019, defendant Oanh T. Pham (“Pham”)
pled guilty to Count IV of the Indictment and admitted the
Forfeiture Allegation. Count IV of the Indictment charged
Pham with trafficking fish and wildlife in violation of state
law, in violation of 16 U.S.C. § 3372(a)(2)(A), 16
U.S.C. § 3373(d)(2) and 18 United States Code § 2.
June 28, 2019, defendant Phong T. Duong (“Duong”)
pled guilty to Count I of the Indictment and admitted the
Forfeiture Allegation. Count I of the Indictment charged
Duong with conspiracy to commit Lacy Act violations, in
violation of 18 United States Code § 371.
Forfeiture Allegation of the Indictment sought forfeiture,
pursuant to 16 U.S.C. § 3374(a)(2), of any property and
equipment used to aid in the transporting, selling,
receiving, or acquiring fish and wildlife.
Based on Pham and Duong's guilty pleas and admission,
Pham and Duong forfeited their interest in a Crestliner
Fishing Boat, Nebraska registration NB024ST (more
particularly described as being 16 feet in length with a Hull
Identification Number (“HIN”) NOR84816D202),
which included the following equipment in, attached to, or
part of the Boat (the “Property”):
• an Eagle Tri-finder fish locator - Serial Number
• a Humminbird 404SX fish locator with mount - Serial
• a Lowrance Xl35 Sonar with mount - Serial Number
• a 75 Horsepower Mercury Four-stroke outboard motor -
Serial Number 0T447190;
• a bow-mounted electric trolling motor; and
• a Yacht Club Model R1818 single axle, boat trailer,
bearing identification number 4H100191910293703, last known
bearing Nebraska license plate number XLR 727.
Pursuant to Federal Rule of Criminal Procedure 32.2(b)(3), 28
U.S.C. § 2461, and 21 U.S.C. § 853, the Court's
Order authorizes the Attorney General (or a designee) ...