Amended Preliminary Order of Forfeiture — United States v. Alexander Barabash (D. Md.)

Record facts

U.S. District Court, District of Maryland · No. 1:22-cr-00232-JKB · Doc. 40 · 2025-04-14 · Docket on CourtListener

Full text

Case 1:22-cr-00232-JKB Document 40 Filed 04/14/25 Page 1of3
Case 1:22-cr-00232-JKB Document 39-2 Filed 04/14/25 Page1of3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA e
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v. J CRIMINAL NO. JKB-22-232 .
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ALEXANDER BARABASH, i
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*

Defendant

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RKKKKEK

PRELIMINARY ORDER OF FORFEITURE
WHEREAS, on March 24, 2023, the Defendant pled guilty to the offense alleged in Count
One of the Indictment, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:

hk; The Court previously entered a preliminary order of forfeiture on June 27,
2023 (ECF No. 32) imposing a forfeiture money judgment in the amount of $1,295,000
against the Defendant pursuant to 18 U.S.C. § 982(a).

vi The United States’ Motion to Amend the Preliminary Order of Forfeiture to
include the real property located at 5575 E. Sheena Drive, Scottsdale, Arizona, as a
substitute asset in partial satisfaction of the Defendant’s outstanding money judgment, is
GRANTED.

3. All of the Defendant’s right, title, and interest in the following substitute
asset is forfeited to the United States pursuant to 21 U.S.C. § 853(p) and 18 U.S.C.
§ 982(b): the real property located at 5575 E. Sheena Drive, Scottsdale, Arizona (the
“Substitute Property”’).

4. The United States Marshals Service, or any duly authorized law

enforcement agency shall, as soon as practicable, seize the Substitute Property pursuant to
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21 U.S.C. § 853(g).

5. The United States is authorized to conduct any discovery that might be
necessary to identify, locate, or dispose of forfeited property, and to resolve any third-party
petition, pursuant to Rules 32.2(b)(3) and (c)(1)(B) of the Federal Rules of Criminal
Procedure and 21 U.S.C. § 853(m).

6. Pursuant to 21 U.S.C. § 853(n)(1), the United States shall publish, for thirty
(30) consecutive calendar days on the government forfeiture website www. forfeiture.gov,
notice of this Amended Preliminary Order of Forfeiture and notice of the United States’
intent to dispose of the Substitute Property.

vi Pursuant to 21 U.S.C. § 853(n)(1), the United States shall give, to the extent
practicable, direct written notice to any person known to have alleged an interest in the
Substitute Property to be forfeited.

8. Pursuant to 21 U.S.C. § 853(n)(2) and (3), the notice referred to above shall
state: (a) that any person, other than the Defendant, asserting a legal interest in the
Substitute Property, shall, within sixty (60) days after the first day of publication on the
government forfeiture website or within thirty (30) days after receipt of actual notice,
whichever is earlier, file a petition with the United States District Court for the District of
Maryland, requesting a hearing to adjudicate the validity of his or her interest in the
Substitute Property; and (b) that the petition shall be signed by the petitioner under the
penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or
interest in the Substitute Property, the time and circumstances of the petitioner’s acquisition
of the right, title, or interest in the Substitute Property, any additional facts supporting the

petitioner’s claim, and the relief sought.
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9. Pursuant to 21 U.S.C. § 853(n)(7), following the Court’s disposition of all
petitions filed under 21 U.S.C. § 853(n)(6), or if no such petitions are filed following the
expiration of the period provided in 21 U.S.C. § 853(n)(2) for the filing of such petitions,
the United States shall have clear title to the Substitute Property.

10. | Upon adjudication of all third-party interests, this Court will enter a Final
Order of Forfeiture, pursuant to 18 U.S.C. § 982, U.S.C. § 853(p), and Rule 32.2(c) of the

Federal Rules of Criminal Procedure, in which all interests will be addressed.

11. The Court shall retain jurisdiction in this case for the purpose of enforcing
this Order.
et [4 Toes farms Tk 12 Le
Datd The Honorable James K. Bredar

United States District Judge

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