Order of Forfeiture — Jason Carl Pears — No. 22-00079-TFM, Southern District of Alabama (Document 60)

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Case 1:22-cr-00079-TFM-N Document 60 Filed 03/27/23 Page 1 of 3                   PageID #: 227




                         IN THE UNITED STATES DISTRICT COURT
                        FOR THE SOUTHERN DISTRICT OF ALABAMA
                                  SOUTHERN DIVISION

   UNITED STATES OF AMERICA                      )
                                                 )
   v.                                            )      CRIMINAL NO. 22-00079-TFM
                                                 )
   JASON CARL PEARS                              )

                                FINAL ORDER OF FORFEITURE

            This cause now comes before the Court upon the United States’ motion for a Final

   Order of Forfeiture for the following property:

        A. Defendant’s interest in real property located at 754 Marine Street, Mobile, AL;

        B. Defendant’s interest in real property located at 960 Dauphin Street, Mobile, AL;

        C. $1,991.79 in funds from Robinhood Securities Account ending in 2473 in the name

           of Jason Pears;

        D. $36.95 representing the contents held in J.P. Morgan Chase Bank account ending in

           0800 in the name of Jason C. Pears;

        E. $40.16 representing the contents held in Wells Fargo Bank account ending in 8920

           in the name of Jason C. Pears and The Jason Made it Company.

            The Court hereby finds that the motion is due to be GRANTED, for the reasons set

   forth therein and as set out below:

            On October 25, 2022, the United States filed a motion for preliminary order of

   forfeiture for the property identified on page one. (Doc. 41, PageID.152-160). In that motion,

   the United States established the defendant’s interest in the property and the nexus between the

   property and the defendant’s conviction for Counts One, Two and Six of the Indictment. On

   October 26, 2022, pursuant to 18 U.S.C. § 981(a)(1)(c) and 982(a)(2), 28 U.S. C. § 2461(c) and

Case 1:22-cr-00079-TFM-N Document 60 Filed 03/27/23 Page 2 of 3                       PageID #: 228




   Fed. R. Crim. P. 32.2(b), the Court entered a preliminary order of forfeiture for the property

   identified on page one. (Doc. 46, PageID.170-173)

           In accordance with the provisions of 21 U.S.C. § 853(n) and Fed. R. Crim.

   P. 32.2(b)(6), the United States published notice of the forfeiture, and of its intent to dispose of

   the property identified on page one, on the official government website, www.forfeiture.gov,

   beginning on November 18, 2022, and ending on December 18, 2022. (Doc.58, PageID.216-

   220). The publication gave notice to all third parties with a legal interest in the property to file

   with the Clerk of the Court, 155 St. Joseph Street, Mobile, AL 36602, and a copy served upon

   Assistant United States Attorney Gina S. Vann, 63 South Royal Street, Suite 600, Mobile, AL

   36602, a petition to adjudicate their interest within 60 days of the first date of publication. No

   third party filed a petition or claimed an interest in the property, and the time for filing any

   such petition has expired.

           Further, pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), forfeiture of the property identified

   on page one became final as to the defendant, Jason Carl Pears, at the time of sentencing and

   was made a part of the sentence and included in the judgment. (Doc. 56, PageID.211)

           Thus, the United States has met all statutory requirements for the forfeiture of the

   property identified on page one, and it is appropriate for the Court to enter a final order of

   forfeiture.

           NOW, THEREFORE, the Court having considered the matter and having been fully

   advised in the premises, it is hereby ORDERED, ADJUDGED and DECREED that for good

   cause shown, the United States’ motion is GRANTED. Under 18 U.S.C. § 981(a)(1)(c) and

   982(a)(2), 28 U.S. C. § 2461(c) and Fed. R. Crim. P. 32.2, all right, title, and interest in the

   property identified on page one is CONDEMNED, FORFEITED and VESTED in the

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Case 1:22-cr-00079-TFM-N Document 60 Filed 03/27/23 Page 3 of 3                   PageID #: 229




   United States for disposition according to law; and,

          IT IS FURTHER ORDERED that the Federal Bureau of Investigation or other duly

   authorized federal agency take the property identified on page one into its secure custody and

   control for disposition according to law; and,

          IT IS FURTHER ORDERED that pursuant to 21U.S.C. § 853(n)(7), the United States

   of America has clear title to the property identified on page one and may warrant good title to

   any subsequent purchaser or transferee; and,

          IT IS FURTHER ORDERED that the Federal Bureau of Investigation or other duly

   authorized federal agency is hereby authorized to dispose of the property identified on page

   one in accordance with the law; and,

          IT IS FURTHER ORDERED that the Court shall retain jurisdiction in this case for the

   purpose of enforcing this Order.

          DONE AND ORDERED this 27th day of March 2023.

                                          /s/Terry F. Moorer
                                          TERRY F. MOORER
                                          UNITED STATES DISTRICT JUDGE




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