Text of Proposed Order (Final Order of Forfeiture) — USA v. Lorquet (Dkt. 143.3)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 143-3 · 2024-07-15 · Docket on CourtListener

Summary

A proposed Final Order of Forfeiture in United States v. Andre Lorquet, Case No. 22-CR-20326-KMM, in the U.S. District Court for the Southern District of Florida, entered on the docket July 15, 2024 as Document 143-3. The draft recites a February 23, 2023 forfeiture order under 18 U.S.C. § 982(a)(1) and 21 U.S.C. § 853, publication of notice for 30 days, and that no petition or claim was filed. It would finally forfeit approximately $100,358.73 in insurance proceeds from Coast National Insurance for a 2019 Porsche Panamera GTS, with title transferring to the insurer so it can issue payment. It would dismiss judicial forfeiture proceedings against approximately $92,000 in U.S. currency and a 2022 Tesla Plaid, citing administrative forfeitures by U.S. Customs and Border Protection. The signature block is for United States District Judge K. Michael Moore, with the July 2024 day left blank.

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Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 22-CR-20326-KMM 
 
 
UNITED STATES OF AMERICA 
 
v.  
 
ANDRE LORQUET,  
 
 
 
Defendant. 
 
 
 
 
 
 
 
 
FINAL ORDER OF FORFEITURE 
 
THIS MATTER is before the Court upon motion of the United States of America (the 
“United States”) for entry of a Final Order of Forfeiture (“Motion”).  The Court has considered 
the Motion, is otherwise advised in the premises, and finds as follows: 
1. 
On February 23, 2023, pursuant to 18 U.S.C. § 982(a)(1) and 21 U.S.C. § 853, the 
Court entered an Order, ECF No. 52, forfeiting, subject to third-party interests, the following 
property to the United States, among other assets: 
i. 
Approximately $92,000 in U.S. currency in Bank of America account number 
8981 0729 7999 in the name of The B Murray Group LLC; 
ii. 
One (1) 2022 Tesla Plaid, VIN# 5YJSA1E66NF460071; and 
iii. 
Approximately $100,358.73 in insurance proceeds from Coast National 
Insurance 
for 
one 
(1) 
2019 
Porsche 
Panamera 
GTS, 
VIN# 
WP0AG2A77KL139387. 
2. 
On or about February 2023, Bristol West Insurance Company, acting for its 
subsidiary, Coast National Insurance (the insurer), took custody of the totaled 2019 Porsche 
Panamera GTS, VIN# WP0AG2A77KL139387, as part of the approximately $100,358.73 
Case 1:22-cr-20326-KMM   Document 143-3   Entered on FLSD Docket 07/15/2024   Page 1 of 5

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insurance payment on the claim upon surrender of the vehicle to the insurer.    
3. 
Before the insurer will issue the forfeited insurance payment to the United States, 
the insurer states that the Defendant, or his attorney with an executed Power of Attorney, must 
sign over the title to the Porsche Panamera.   
4. 
Accordingly, in this motion for final order of forfeiture, the United States moves 
the Court to amend the language describing the forfeited asset insurance proceeds from the 2019 
Porsche Panamera GTS, VIN# WP0AG2A77KL139387, as follows: 
i. Approximately $100,358.73 in insurance proceeds from Coast National 
Insurance for one (1) 
2019 Porsche Panamera GTS, 
VIN# 
WP0AG2A77KL139387, with title transferring to Coast National Insurance 
pursuant to the insurance claim.  
5. 
On June 12, 2024, a representative from Bristol West Insurance Company 
represented that this proposed language will allow the insurer to take title and issue payment.  
6. 
Notice of the criminal forfeiture was posted on an official government internet site 
(www.forfeiture.gov) for a period of 30 days.  See Decl. of Publication, ECF No. XX; 21 U.S.C. 
§ 853(n)(1); Fed. R. Crim. P. 32.2(b)(6). 
7. 
Direct notice was sent to any person who reasonably appeared to be a potential 
claimant with standing to contest the forfeiture, or such person was on actual notice of the 
forfeiture.  See Fed. R. Crim. P. 32.2(b)(6); accord 21 U.S.C. § 853(n)(1).  See Exhibit A (Direct 
Notices and Delivery Confirmations, attached to Motion). 
8. 
The notice advised that any person, other than the Defendant in the above-captioned 
case, asserting a legal interest in the property sought for final forfeiture may petition the Court for 
a hearing to adjudicate the validity of that person’s alleged interest, within 60 days of the first day 
Case 1:22-cr-20326-KMM   Document 143-3   Entered on FLSD Docket 07/15/2024   Page 2 of 5

3 
of publication or within 30 days of receipt of notice, whichever is earlier.  Fed. R. Crim. P. 
32.2(b)(6); 21 U.S.C. § 853(n)(2). 
9. 
Pursuant to 21 U.S.C. § 853(n)(7), once all third-party petitions have been disposed 
of and/or if no timely petitions have been filed, “the United States shall have clear title to property 
that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser 
or transferee.”  Accord Fed. R. Crim. P. 32.2(c)(2). 
10. 
All persons known to the United States to have a legal interest in the property 
ordered forfeited have thereby been notified in accordance with Title 21, United States Code, 
Section 853(n)(1). 
11. 
The time period for filing a petition claiming an interest in the property sought for 
final forfeiture has expired, and no petition or claim has been filed. 
12. 
As of the date of this motion, no person or entity has filed a petition with the Court, 
pursuant to the forfeiture notice, and the United States is not aware of any persons or entity who 
have an interest in the above-referenced property, who have not been noticed as required by law.  
13. 
Therefore, the United States is entitled to a Final Order of Forfeiture that vests in 
the United States clear title to in the following property: 
i. 
Approximately $100,358.73 in insurance proceeds from Coast National 
Insurance 
for 
one 
(1) 
2019 
Porsche 
Panamera 
GTS, 
VIN# 
WP0AG2A77KL139387, with title transferring to Coast National Insurance 
pursuant to the insurance claim.  
14. 
In addition, because the U.S. Department of Homeland Security, U.S. Customs and 
Border Protection completed its administrative forfeitures and issued Declarations of 
Administrative Forfeiture, the United States is not pursuing the final judicial forfeiture of: (i) 
Case 1:22-cr-20326-KMM   Document 143-3   Entered on FLSD Docket 07/15/2024   Page 3 of 5

4 
approximately $92,000 in U.S. currency in Bank of America account number 8981 0729 7999 in 
the name of The B Murray Group LLC; and (ii) one (1) 2022 Tesla Plaid, VIN# 
5YJSA1E66NF460071.  See Exhibit B (Declarations of Administrative Forfeiture).  Accordingly, 
the Court should amend the Preliminary Order of Forfeiture by dismissing the judicial forfeiture 
proceedings in this case against the following assets based on their administrative forfeitures: 
i. 
Approximately $92,000 in U.S. currency in Bank of America account number 
8981 0729 7999 in the name of The B Murray Group LLC; and 
ii. 
one (1) 2022 Tesla Plaid, VIN# 5YJSA1E66NF460071. 
See Fed. R. Crim. P. 32.2(c)(2); 21 U.S.C. § 853(n)(6). 
Accordingly, based on the foregoing, the evidence of record, and for good cause shown, 
the Motion is GRANTED, and it is hereby ORDERED that: 
1. 
Pursuant to 18 U.S.C. § 982(a)(1), 21 U.S.C. § 853, and Rule 32.2(c)(2) of the 
Federal Rules of Criminal Procedure, all right, title, and interest in the following property is hereby 
finally forfeited to and vested in the United States of America:  
i. 
Approximately $100,358.73 in insurance proceeds from Coast National 
Insurance 
for 
one 
(1) 
2019 
Porsche 
Panamera 
GTS, 
VIN# 
WP0AG2A77KL139387, with title transferring to Coast National Insurance 
pursuant to the insurance claim.  
2. 
Any duly authorized law enforcement official may seize and take immediate 
possession of the property, exercising any and all incidents of ownership with respect thereto, and 
dispose of such property in accordance with law. 
Case 1:22-cr-20326-KMM   Document 143-3   Entered on FLSD Docket 07/15/2024   Page 4 of 5

5 
3. 
Pursuant to Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure and 21 
U.S.C. § 853(n)(6), these judicial forfeiture proceedings are dismissed against the following based 
on their administrative forfeitures: 
i. Approximately $92,000 in U.S. currency in Bank of America account 
number 8981 0729 7999 in the name of The B Murray Group LLC; and 
ii. one (1) 2022 Tesla Plaid, VIN# 5YJSA1E66NF460071. 
4. 
The Court shall retain jurisdiction in this matter for the purpose of enforcing this 
Order. 
DONE AND ORDERED in Miami, Florida, this _______ day of July 2024. 
 
____________________________________  
K. MICHAEL MOORE 
UNITED STATES DISTRICT JUDGE 
 
 
Case 1:22-cr-20326-KMM   Document 143-3   Entered on FLSD Docket 07/15/2024   Page 5 of 5

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