Preliminary Order of Forfeiture and Forfeiture Money Judgment — United States v. Lewis (Dkt. 521, D. Neb.)

Summary

A preliminary order of forfeiture and forfeiture money judgment in United States of America v. Henry T. Lewis, No. 8:22-cr-00125-BCB-MDN, in the U.S. District Court for the District of Nebraska, dated September 26, 2024 (Doc # 521). It rules on the Plaintiff's motion as to a vehicle and a money judgment (Filing 517). It recites that at an August 29, 2024 change of plea hearing Lewis pleaded guilty to Count VIII of the Indictment, charging a violation of 18 U.S.C. §§ 1343 and 2, and admitted forfeiture allegations covering a 2013 Chevrolet Silverado 1500 Crew Cab titled in the name of Henry T. Lewis and a money judgment equal to the proceeds. The order finds Lewis liable for a forfeiture money judgment of $195,497.00 and states that a final order will follow once third-party interests are adjudicated. It is signed by Judge Brian C. Buescher.

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8:22-cr-00125-BCB-MDN        Doc # 521     Filed: 09/26/24    Page 1 of 3 - Page ID # 2102




                     IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF NEBRASKA


 UNITED STATES OF AMERICA,
                                                                   8:22CR125
                      Plaintiff,

        vs.                                             PRELIMINARY ORDER OF
                                                      FORFEITURE AND FORFEITURE
 HENRY T. LEWIS,                                          MONEY JUDGMENT

                      Defendant.



              This matter is before the Court on the Plaintiff’s Motion for Preliminary
Order of Forfeiture as to the Vehicle and Forfeiture Money Judgment. Filing 517. The
Court reviewed the record in this case and, being duly advised in the premises, finds as
follows:
       1.     On August 29, 2024, the Court held a change of plea hearing for Defendant
and Defendant entered a plea of guilty to Count VIII of the Indictment and admitted to the
following forfeiture allegations. Filing 510; Filing 516.
              a.     2013 Chevrolet Silverado 1500 Crew Cab, YIN:
              3GCPKTE78DG188719, titled in the name of HENRY T.
              LEWIS; and
              b.     A money judgment in an amount equal to the proceeds
              obtained as a result of the offenses.
       2.     Count VIII of the Indictment charged the Defendant with a violation of 18

U.S.C. §§ 1343 and 2.

       3.     The Forfeiture Allegation of the Indictment sought forfeiture of “property

constituting, or derived from, proceeds the defendant obtained directly or indirectly, as the

result of such violation.” The Allegation also put the defendant on notice the United States

8:22-cr-00125-BCB-MDN         Doc # 521    Filed: 09/26/24    Page 2 of 3 - Page ID # 2103




would seek a forfeiture money judgment representing those proceeds.

      4.      By virtue of said plea of guilty, Defendant has forfeited his interest in the
vehicle. Accordingly, the United States should be entitled to possession of said vehicle,
pursuant to 18 U.S.C. § 982, 28 U.S.C. § 2461(c), and 21 U.S.C. § 853.
      5.      The Government’s Motion for a Forfeiture Money Judgment in the amount
of $195,497.00, which represents the proceeds the Defendant obtained as a result of the
offenses should be granted.
      6.      The Government’s Motion for Preliminary Order of Forfeiture as to the
Vehicle should be granted.
      IT IS ORDERED:
      1. The government’s Motion for Preliminary Order of Forfeiture and Forfeiture
           Money Judgment, Filing 517, is granted.
      2. Based upon the Forfeiture Allegation of the Superseding Indictment and the plea
           of guilty, the Government is hereby authorized to seize the vehicle.
      3. Defendant’s interest in the subject vehicle is hereby forfeited to the Government
           for disposition in accordance with the law, subject to the provisions of 21 U.S.C.
           ' 853(n)(1), 18 U.S.C. § 981(a)(l)(C), 18 U.S.C. § 982(a)(2)(A), 28 U.S.C. §
           246l(c), and Rule 32.2(a), Federal Rules of Criminal Procedure.
      4. The subject vehicle is to be held by the Government in its secure custody and
           control.
      5. Pursuant to 21 U.S.C. ' 853(n)(1), the government shall publish for at least thirty
           consecutive days on an official internet government forfeiture site,
           www.forfeiture.gov., notice of this Preliminary Order of Forfeiture, notice of
           publication evidencing the government’s intent to dispose of the vehicle in such
           manner as the Attorney General may direct, and notice that any person, other
           than the defendant, having or claiming a legal interest in any of the subject

8:22-cr-00125-BCB-MDN        Doc # 521       Filed: 09/26/24   Page 3 of 3 - Page ID # 2104




          property must file a Petition with the Court within thirty days of the final
          publication of notice or of receipt of actual notice, whichever is earlier.
     6. The published notice shall state the Petition referred to in Paragraph 5, above,
          shall be for a hearing to adjudicate the validity of the Petitioner’s interest in the
          Property, shall be signed by the Petitioner under penalty of perjury, and shall set
          forth the nature and extent of the Petitioner’s right, title, or interest in the
          Property and any additional facts supporting the Petitioner’s claim and the relief
          sought.
     7. The government may also, to the extent practicable, provide direct written notice
          to any person known to have an interest in the vehicle as a substitute for
          published notice as to those persons so notified.
     8. Upon adjudication of all third-party interests, this Court will enter a Final Order
          of Forfeiture as to the vehicle pursuant to 21 U.S.C. § 853(n), 18 U.S.C. §
          981(a)(l)(C), 18 U.S.C. § 982(a)(2)(A), 28 U.S.C. § 246l(c), and Rule 32.2(a),
          Federal Rules of Criminal Procedure, in which all interests will be addressed.
     9. The Defendant, pursuant to 18 U.S.C. § 982, 28 U.S.C. § 2461(c), and and Fed.
          R. Crim. P. 32.2(b)(2), shall be, and hereby is, liable for a forfeiture money
          judgment in the amount of $195,497.00.
      10. Upon adjudication of all third-party interests, this Court will enter a Final Order
          of Forfeiture and Forfeiture Money Judgment pursuant to 21 U.S.C. § 853(n), in
          which all interests will be addressed.


   Dated this 26th day of September, 2024.

                                                   BY THE COURT:


                                                   _________________________
                                                   Brian C. Buescher
                                                   United States District Judge

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