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Home Court filings Brandon Casutt case — U.S. District Court, D. Nev. Amended Final Order of Forfeiture — No. 2:20-cr-00231 (Dkt. 223, D. Nev.)

Court filing

Amended Final Order of Forfeiture — No. 2:20-cr-00231 (Dkt. 223, D. Nev.)

Summary

Judge Andrew P. Gordon of the U.S. District Court for the District of Nevada signed this amended final order of forfeiture against Brandon Casutt in Case No. 2:20-cr-00231 on October 30, 2023. It rests on Casutt's guilty plea and the earlier preliminary order of forfeiture, which imposed criminal forfeiture money judgments of $509,675 for wire fraud and $359,900 for concealment money laundering. The order finds that the government published notice on forfeiture.gov from October 21, 2022, through November 19, 2022, and served known third parties by mail or in person. Those served include Cross River Bank, the Small Business Administration, Clark County officials, the Southern Nevada Water Authority, the City of Henderson and several members of the Casutt family.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed October 30, 2023 in No. 2:20-cr-00231; one of 20 filings from this case.

Record facts

CourtU.S. District Court for the District of Nevada
Filed2023-10-30

Cite this document

“Amended Final Order of Forfeiture — No. 2:20-cr-00231 (Dkt. 223, D. Nev.).” U.S. District Court for the District of Nevada, No. 2:20-cr-00231, Doc. 223, filed 2023-10-30. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-brandon-casutt/2023-10-30-amended-final-order-of-forfeiture-dkt-223/, SHA-256 6de0e893344255252ffded5a71c4d9bf8e611a1a074f230c08a66e5df479869c.

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Full text

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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 1 of 11

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

UNITED STATES OF AMERICA, 2:20-CR-231-APG-NJK
Plaintiff, Amended Final Order of Forfeiture

Vv.

BRANDON CASUTT,

Defendant.

The United States District Court for the District of Nevada entered a Preliminary
Order of Forfeiture under Fed. R. Crim. P. 32.2(b)(1) and (b)(2); 18 U.S.C. § 981(a)(1)(A)
with 28 U.S.C. § 2461(c); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. §
982(a)(1); and 21 U.S.C. § 853(p) based upon the plea of guilty by Brandon Casutt to the
criminal offenses, forfeiting the property and imposing in personam criminal forfeiture
money judgments set forth in the Plea Agreement and the Forfeiture Allegations of the
Criminal Indictment and shown by the United States to have the requisite nexus to the
offenses to which Brandon Casutt pled guilty. Criminal Indictment, ECF No. 12; Change of
Plea, ECF No. 151; Plea Agreement, ECF Nos. 152, 154; Preliminary Order of Forfeiture,
ECF No. 156.

This Court finds that on the government’s motion, the Court may at any time enter
an order of forfeiture or amend an existing order of forfeiture to include subsequently
located property or substitute property under Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).

The in personam criminal forfeiture money judgment amounts of $509,675 for wire
fraud and $359,900 for concealment money laundering comply with United States v. Lo, 839

F.3d 777 (9th Cir. 2016); Honeycutt v. United States, 581 U.S. 443 (2017); United States v.


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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 2 of 11

Thompson, 990 F.3d 680 (9th Cir. 2021); and United States v. Prasad, 18 F.4th 313 (9th Cir.
2021).

This Court finds the United States published the notice of forfeiture in accordance
with the law via the official government internet forfeiture site, www.forfeiture.gov,
consecutively from October 21, 2022, through November 19, 2022, notifying all potential
third parties of their right to petition the Court. Notice of Filing Proof of Publication
Exhibits, ECF No. 165-1, p. 5.

This Court finds the United States notified known third parties by personal service or
by regular mail and certified mail return receipt requested of their right to petition the Court.
Notice of Filing Service of Process — Mailing, ECF No. 164; Notice of Filing Service of
Process — Additional Mailing, ECF No. 168; Notice of Filing Service of Process — Personal
Service, ECF No. 174.

On November 3, 2022, the United States Attorney’s Office served Cross River Bank,
Attn: Legal Department, at 400 Kelby St. by regular and certified return receipt mail with
the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process —
Mailing, ECF No. 164-1, p. 3-16. Cross River Bank had actual notice.

On November 3, 2022, the United States Attorney’s Office served Cross River Bank,
Attn: Legal Department, at 2115 Linwood Ave. by regular and certified return receipt mail
with the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process
— Mailing, ECF No. 164-1, p. 3-13, 17-18. Cross River Bank had actual notice.

On November 3, 2022, the United States Attorney’s Office served Debra March, City
of Henderson Mayor, by regular and certified return receipt mail with the Preliminary Order
of Forfeiture and the Notice. Notice of Filing Service of Process — Mailing, ECF No. 164-1,
p. 3-13, 19-20.

On November 3, 2022, the United States Attorney’s Office served Skyler’s C. F.
Foundation, Inc., c/o Seann T. Spradling, Secretary, at High Ridge, MO, by regular and
certified return receipt mail with the Preliminary Order of Forfeiture and the Notice. Notice

of Filing Service of Process — Mailing, ECF No. 164-1, p. 3-13, 21-22.
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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 3 of 11

On November 3, 2022, the United States Attorney’s Office served and attempted to
serve Skyler’s C. F. Foundation, Inc., c/o Seann T. Spradling, Secretary, at Inperial, MA,
by regular and certified return receipt mail with the Preliminary Order of Forfeiture and the
Notice. The certified mail was not delivered. The regular mailing was not returned. Notice
of Filing Service of Process — Mailing, ECF No. 164-1, p. 3-13, 23-25.

On November 3, 2022, the United States Attorney’s Office served Small Business
Administration, c/o Legal Department, by regular and certified return receipt mail with the
Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process —
Mailing, ECF No. 164-1, p. 3-13, 26-28.

On December 14, 2022, the United States Attorney’s Office served Zachary Casutt at
3036 Woodland Pine Dr. by regular and certified return receipt mail with the Preliminary
Order of Forfeiture and the Notice. Notice of Filing Service of Process — Additional
Mailing, ECF No. 168-1, p. 3-16.

On December 14, 2022, the United States Attorney’s Office served and attempted to
serve Zachary Casutt at 10309 Toasted Acorn Dr. by regular and certified return receipt
mail with the Preliminary Order of Forfeiture and the Notice. The certified mail was
returned unclaimed and unable to forward. The regular mail was not returned. Notice of
Filing Service of Process — Additional Mailing, ECF No. 168-1, p. 3-13, 17-19.

On December 14, 2022, the United States Attorney’s Office attempted to serve
Zachary Casutt at 4175 Cameron St., Ste C, by regular and certified return receipt mail with
the Preliminary Order of Forfeiture and the Notice. Both mailings were returned as
attempted, not known and unable to forward. Notice of Filing Service of Process —
Additional Mailing, ECF No. 168-1, p. 3-13, 20-22.

On December 14, 2022, the United States Attorney’s Office served and attempted to
serve Zachary Casutt at 10108 Sunset Palisades Way, Unit 102, by regular and certified
return receipt mail with the Preliminary Order of Forfeiture and the Notice. The certified
mail was returned as insufficient address and unable to forward. The regular mail was not

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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 4 of 11

returned. Notice of Filing Service of Process — Additional Mailing, ECF No. 168-1, p. 3-13,
23-25.

On December 14, 2022, the United States Attorney’s Office attempted to serve
Zachary Casutt at 45 Maleena Mesa St., Apt. 1122, by regular and certified return receipt
mail with the Preliminary Order of Forfeiture and the Notice. Both mailings were returned
as not deliverable as addressed and unable to forward. Notice of Filing Service of Process —
Additional Mailing, ECF No. 168-1, p. 3-13, 26-28.

On December 14, 2022, the United States Attorney’s Office served and attempted to
serve Zachary Casutt at 5727 Christchurch Ave. by regular and certified return receipt mail
with the Preliminary Order of Forfeiture and the Notice. The certified mail was returned to
sender. The regular mail has not returned. Notice of Filing Service of Process — Additional
Mailing, ECF No. 168-1, p. 3-13, 29-32.

On October 26, 2022, the Internal Revenue Service-CI personally served The Village
of Silver Springs Community Association with copies of the Preliminary Order of Forfeiture
and the Notice. Service was accepted by Brandon Wood, Chief Legal Officer. Notice of
Filing Service of Process — Personal Service, ECF No. 174-1, p. 3, 39-49.

On October 27, 2022, the Internal Revenue Service-CI personally served The Village
of Silver Springs Community Association, c/o Jon Copeland, President, with copies of the
Preliminary Order of Forfeiture and the Notice. Service was accepted by Isabella Ruff,
Supervising Community Manager. Notice of Filing Service of Process — Personal Service,
ECF No. 174-1, p. 4, 39-49.

On October 27, 2022, the Internal Revenue Service-CI personally served The Village
of Silver Springs Community Association, c/o Jonathan Jorgenson, with copies of the
Preliminary Order of Forfeiture and the Notice. Service was accepted by Isabella Ruff,
Supervising Community Manager. Notice of Filing Service of Process — Personal Service,
ECF No. 174-1, p. 5, 39-49.

On October 27, 2022, the Internal Revenue Service-CI personally served The Village

of Silver Springs Community Association, c/o Scott Wilcox, Treasurer, with copies of the
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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 5 of 11

Preliminary Order of Forfeiture and the Notice. Service was accepted by Isabella Ruff,
Supervising Community Manager. Notice of Filing Service of Process — Personal Service,
ECF No. 174-1, p. 6, 39-49.

On October 27, 2022, the Internal Revenue Service-CI personally served The Village
of Silver Springs Association, c/o Taylor Association Management, Registered Agent, with
copies of the Preliminary Order of Forfeiture and the Notice. Service was accepted by
Joseph Venture, Office Manager. Notice of Filing Service of Process — Personal Service,
ECF No. 174-1, p. 7, 39-49.

On November 4, 2022, the Internal Revenue Service-CI personally served Steve B.
Wolfson, Clark County District Attorney, with copies of the Preliminary Order of
Forfeiture and the Notice. Service was accepted by Bailey Brighthill, Office Specialist.
Notice of Filing Service of Process — Personal Service, ECF No. 174-1, p. 8, 39-49.

On November 8, 2022, the Internal Revenue Service-CI personally served Debbie
Conway, Clark County Recorder, with copies of the Preliminary Order of Forfeiture and
the Notice. Service was accepted by Birtha Gariano, Public Services Specialist. Notice of
Filing Service of Process — Personal Service, ECF No. 174-1, p. 9, 39-49.

On November 8, 2022, the Internal Revenue Service-CI personally served John
Entsminger, General Manager, Southern Nevada Water Authority, with copies of the
Preliminary Order of Forfeiture and the Notice. Service was accepted by Daisy
Hammersley, Legal Secretary. Notice of Filing Service of Process — Personal Service, ECF
No. 174-1, p. 10, 39-49.

On November 8, 2022, the Internal Revenue Service-CI personally served Laura B.
Fitzpatrick, Clark County Treasurer, with copies of the Preliminary Order of Forfeiture and
the Notice. Service was accepted by Birtha Gariano, Public Services Specialist. Notice of
Filing Service of Process — Personal Service, ECF No. 174-1, p. 11, 39-49.

On November 8, 2022, the Internal Revenue Service-CI personally served Lynn
Goya, Clark County Clerk, Clark County Water Reclamation Dist., Commission Division,

with copies of the Preliminary Order of Forfeiture and the Notice. Service was accepted by
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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 6 of 11

Birtha Gariano, Public Services Specialist. Notice of Filing Service of Process — Personal
Service, ECF No. 174-1, p. 12, 39-49.

On November 8, 2022, the Internal Revenue Service-CI personally served Lynn
Goya, Clark County Clerk, Commission Division, with copies of the Preliminary Order of
Forfeiture and the Notice. Service was accepted by Birtha Gariano, Public Services
Specialist. Notice of Filing Service of Process — Personal Service, ECF No. 174-1, p. 13, 39-
49.

On November 8, 2022, the Internal Revenue Service-CI personally served Lynn
Goya, Clark County Clerk, Clark County Board of Commissioners, Commission Division,
with copies of the Preliminary Order of Forfeiture and the Notice. Service was accepted by
Birtha Gariano, Public Services Specialist. Notice of Filing Service of Process — Personal
Service, ECF No. 174-1, p. 14, 39-49.

On November 8, 2022, the Internal Revenue Service-CI personally served Briana
Johnson, Clark County Assessor, with copies of the Preliminary Order of Forfeiture and the
Notice. Service was accepted by Birtha Gariano, Public Services Specialist. Notice of Filing
Service of Process — Personal Service, ECF No. 174-1, p. 15, 39-49.

On November 8, 2022, the Internal Revenue Service-CI personally served Marilyn
Kirkpatrick, Commissioner & Chairperson with copies of the Preliminary Order of
Forfeiture and the Notice. Service was accepted by Birtha Gariano, Public Services
Specialist. Notice of Filing Service of Process — Personal Service, ECF No. 174-1, p. 16, 39-
49.

On November 8, 2022, the Internal Revenue Service-CI personally served Gregory J.
Walch, General Counsel, Southern Nevada Water Authority, with copies of the
Preliminary Order of Forfeiture and the Notice. Service was accepted by Daisy
Hammersley, Legal Secretary. Notice of Filing Service of Process — Personal Service, ECF
No. 174-1, p. 17, 39-49.

On November 9, 2022, the Internal Revenue Service-CI personally served Small

Business Administration, c/o Saul Ramos, Director, with copies of the Preliminary Order of
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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 7 of 11

Forfeiture and the Notice. Notice of Filing Service of Process — Personal Service, ECF No.
174-1, p. 18, 39-49.

On November 10, 2022, the Internal Revenue Service-CI personally served Debra
March, City of Henderson Mayor, with copies of the Preliminary Order of Forfeiture and
the Notice. Service was accepted by Amy Johnson, Manager. Notice of Filing Service of
Process — Personal Service, ECF No. 174-1, p. 19, 39-49.

On November 10, 2022, the Internal Revenue Service-CI personally served Priscilla
E. Howell, Director of Utility Services, with copies of the Preliminary Order of Forfeiture
and the Notice. Service was accepted by Amy Johnson, Manager. Notice of Filing Service
of Process — Personal Service, ECF No. 174-1, p. 20, 39-49.

On November 10, 2022, the Internal Revenue Service-CI personally served Jose Luis
Valdez, City of Henderson Clerk, with copies of the Preliminary Order of Forfeiture and the
Notice. Service was accepted by Amy Johnson, Manager. Notice of Filing Service of
Process — Personal Service, ECF No. 174-1, p. 21, 39-49.

On November 10, 2022, the Internal Revenue Service-CI personally served Nicholas
Vaskov, City of Henderson Attorney, with copies of the Preliminary Order of Forfeiture and
the Notice. Service was accepted by Michael Oh, Assistant City Attorney. Notice of Filing
Service of Process — Personal Service, ECF No. 174-1, p. 22, 39-49.

On November 15, 2022, the Internal Revenue Service-CI personally served Mandi
Casutt with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing
Service of Process — Personal Service, ECF No. 174-1, p. 23, 39-49.

On November 15, 2022, the Internal Revenue Service-CI personally served Mitchell
Casutt with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing
Service of Process — Personal Service, ECF No. 174-1, p. 24, 39-49.

On November 15, 2022, the Internal Revenue Service-CI personally served Nana
Casutt with copies of the Preliminary Order of Forfeiture and the Notice. Service was
accepted by Brandon Casutt. Notice of Filing Service of Process — Personal Service, ECF

No. 174-1, p. 25, 39-49.


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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 8 of 11

On November 15, 2022, the Internal Revenue Service-CI personally served Sky
Design c/o Brandon Casutt with copies of the Preliminary Order of Forfeiture and the
Notice. Notice of Filing Service of Process — Personal Service, ECF No. 174-1, p. 26, 39-49.

On November 15, 2022, the Internal Revenue Service-CI personally served Sky
Design c/o Nana Casutt with copies of the Preliminary Order of Forfeiture and the Notice.
Service was accepted by Brandon Casutt. Notice of Filing Service of Process — Personal
Service, ECF No. 174-1, p. 27, 39-49.

On November 15, 2022, the Internal Revenue Service-CI personally served Skyler’s
C.F. Foundation, Inc., c/o Brandon J. Casutt, Registered Agent, with copies of the
Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process —
Personal Service, ECF No. 174-1, p. 28-29, 39-49.

On November 15, 2022, the Internal Revenue Service-CI personally served Skyler’s
C.F. Foundation, Inc., c/o Mitchell Kent Casutt, President, with copies of the Preliminary
Order of Forfeiture and the Notice. Notice of Filing Service of Process — Personal Service,
ECF No. 174-1, p. 30, 39-49.

On November 15, 2022, the Internal Revenue Service-CI personally served Skyler’s
C.F. Foundation, Inc., c/o Nana Casutt, Director, with copies of the Preliminary Order of
Forfeiture and the Notice. Service was accepted by Brandon Casutt. Notice of Filing Service
of Process — Personal Service, ECF No. 174-1, p. 31, 39-49.

On November 23, 2022, the Internal Revenue Service-CI personally served Skyler’s
C.F. Foundation, Inc., c/o Seann T. Spradling, Secretary, with copies of the Preliminary
Order of Forfeiture and the Notice. Notice of Filing Service of Process — Personal Service,
ECF No. 174-1, p. 32, 39-49.

The Internal Revenue Service-CI attempted to personally serve Skyler’s C.F.
Foundation Inc., c/o Zachary B. Casutt, Director, with copies of the Preliminary Order of
Forfeiture and the Notice. They were unable to locate him. Notice of Filing Service of
Process — Personal Service, ECF No. 174-1, p. 34-35, 39-49.

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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 9 of 11

The Internal Revenue Service-CI attempted to personally serve Zachary Casutt with
copies of the Preliminary Order of Forfeiture and the Notice. They were unable to locate
him. Notice of Filing Service of Process — Personal Service, ECF No. 174-1, p. 36-49.

This Court finds no petition was filed herein by or on behalf of any person or entity
and the time for filing such petitions and claims has expired.

This Court finds no petitions are pending regarding the property named herein and
the time has expired for presenting such petitions.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
all possessory rights, ownership rights, and all rights, titles, and interests in the property
hereinafter described are condemned, forfeited, and vested in the United States:

1. $8,076.60;

2. $10,794.58;

3. $59,965;
4. $11,600.43; and
5. 1924 Coralino Drive, Henderson, Nevada 89074, more particularly
described as:

PARCEL I:

LOT TWO (2) IN BLOCK TWO (2) OF SILVER MILL — PHASE 1, AS SHOWN
BY MAP THEREOF ON FILE IN BOOK 47 OF PLATS, PAGE 8, IN THE
OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

PARCEL II:

NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, AND
SUCH OTHER PURPOSES AS ARE REASONABLY NECESSARY FOR THE
USE AND ENJOYMENT OF SAID LAND, AS THE SAME ARE SET FORTH
IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS RECORDED NOVEMBER 25, 1987 IN BOOK 871125 OF
OFFICIAL RECORDS AS DOCUMENT NO. 00480 AND AS THE SAME ARE
SUBSEQUENTLY AMENDED FROM TIME TO TIME, AND ALL
IMPROVEMENTS AND APPURTENANCES THEREON, APN: 178-17-514-002

(all of which constitutes property); and
that the United States recover from Brandon Casutt the in personam criminal

forfeiture money judgments of $509,675 for wire fraud and $359,900 for concealment
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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 10 of 11

money laundering with the total collected money judgment amount not to exceed $509,675
under the forfeiture statutes, and the property will be applied toward the payment of the
money judgments; and

the forfeiture of the money judgments and the property is imposed under Fed. R.
Crim. P. 32.2(b)(4)(A) and (b)(4)(B); Fed. R. Crim. P. 32.2(c)(2); 18 U.S.C. § 981(a)(1)(A)
with 28 U.S.C. § 2461(c); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. §
982(a)(1); and 21 U.S.C. § 853(n)(7) and 853(p); that the money judgments shall be
collected; and that the property and the collected amount shall be disposed of according to
law.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that under Fed. R.
Crim. P. 32.2(c) and 21 U.S.C. § 853(n)(7), all possessory rights, ownership rights, and all
rights, titles, and interests in the real property are extinguished and are not recognized for
the following individuals and entities:

1. Skyler’s C. F. Foundation, Inc., and all officers including Brandon Casutt,

Mitchell Kent Casutt, Nana Casutt, Seann T. Spradling, and Zachary Casutt;
2. The Casutt family, including Brandon Casutt, Nana Casutt, Zachary Casutt,
Madi Casutt, and Mitchell Casutt;

3. The Village of Silver Springs Community Association;

4. City of Henderson, including City of Henderson Mayor, City of Henderson
Utility Services, City of Henderson Clerk, and City of Henderson Attorney;

5. Clark County, Nevada, including the following offices and officers, Clark County
District Attorney, Clark County Treasurer, Clark County Recorder, Clark
County Clerk, Clark County Water District, Clark County Commissioner, Clark
County Board of Commissioners, and Clark County Assessor;

Sky Design;
Cross River Bank;

Small Business Administration; and

oC oe ND

Southern Nevada Water Authority.
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Case 2:20-cr-00231-APG-NJK Document 223 Filed 10/30/23 Page 11 of 11

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United
States may market the property notwithstanding Skyler C. F. Foundation’s name on the
deed and the title company shall provide clear title on behalf of the United States for the sale
of the forfeited property.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any and all
forfeited funds, including but not limited to, currency, currency equivalents, certificates of
deposit, as well as any income derived as a result of the government’s management of any
property forfeited herein, and the proceeds from the sale of any forfeited property shall be
disposed of according to law.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send
copies of this Order to all counsel of record and three certified copies to the United States
Attorney’s Office, Attention Asset Forfeiture Unit.

DATED _ October 30 , 2023.

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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