Preliminary Order of Forfeiture — United States v. Bella (Dkt. 42, W.D.N.Y.)

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A preliminary order of forfeiture in United States v. Joseph Bella, Nos. 20-CR-104-A and 21-CR-31-A, in the U.S. District Court for the Western District of New York, filed July 6, 2022 as Document 42. It recites that on June 27, 2022 Bella pleaded guilty to Counts 3 and 6 of Superseding Indictment 20-CR-104-A, charging cocaine distribution under Title 21, United States Code, Section 841(a)(1) and firearm possession by an unlawful drug user under Section 922(g)(3), and to Counts 1, 5 and 13 of Indictment 21-CR-31-A, charging wire fraud under Sections 1343 and 2. Based on the conviction and his plea agreement admissions, it orders forfeiture of listed property, including bank accounts. It is signed by Judge Richard J. Arcara.

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Case 1:21-cr-00031-RJA-MJR Document 42 Filed 07/06/22 Page1of5

 UNITED STATES DISTRICT COURT
 WESTERN DISTRICT OF NEW YORK

 UNITED STATES OF AMERICA,

             V.                                           20-CR-104-A
                                                          21-CR-31-A
JOSEPH BELLA,

                    Defendant.

                      PRELIMINARY ORDER OF FORFEITURE

       WHEREAS on June 27, 2022, the defendant, JOSEPH BELLA, pled guilty to

Counts 3 and 6 of the Superseding Indictment 20-CR-104-A, charging violations of Title

21, United States Code, Section 841(a)(1) (Possession with intent to Distribute and

Distribution of Cocaine) and Title 18, United States Code, Section 922(g)(3) (Possession

of a Firearm and Ammunition by an Unlawful User of Controlled Substances); and Counts

1, 5 and 13 of Indictment 21-CR-31-A, charging violations of Title 18, United States Code,

Sections 1343 and 2 (Wire Fraud), and,

      WHEREAS from the defendant’s conviction on these counts and from his

admission in the written plea agreement that certain property is subject to forfeiture, the

government has established the requisite nexus between the property and the offense

committed by the defendant, and therefore the following property is subject to forfeiture:

FIREARM/AMMUNTION:

      a.     One (1) Harrington and Richardson, Model Topper 88, 12-gauge
             shotgun, bearing serial number AU519161:

Case 1:21-cr-00031-RJA-MJR Document 42 Filed 07/06/22 Page 2 of5

b. Ten 12-gauge rounds of ammunition labeled “REMINGTON 12 GA”
on the headstamp;

Ci 33 9mm Luger caliber rounds of ammunition labeled “Blazer 9mm
LUGER’” on the headstamp; and

d. 40 .223 REM caliber rounds of ammunition labeled “Tulammo 223
Rem” on the headstamp.

BANK ACCOUNTS:

a. $114,063.53 seized from Bank of America account ending in 8963, held in the
name of MedCor Staffing Inc., by law enforcement on or about May 12, 2020;

b. $45,454.82 seized from Key Bank account ending in 6111, held in the name of
MedCor Staffing Inc., by law enforcement on or about February 11, 2021; and

c. $3,350.61 seized from Key Bank account ending in 6103, held in the name of
Tatonka Industries LLC, by law enforcement on or about February 11, 2021.

NOW, THEREFORE, pursuant to Federal Rule of Criminal Procedure 32.2 (b)(2);

and Title 18, United States Code, Sections 924(d) and 3665 (firearm and ammunition),

and Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code,

2461(c) (bank accounts); —and the incorporated procedures of Title 21, United States

Code, Section 853; it is hereby

ORDERED, ADJUDGED, and DECREED that pursuant to Title 21, United States
Code, Section 853(c) and (e) through (0), the above listed property and/or any interest
therein is hereby condemned and forfeited to the United States of America and shall be

disposed of according to law; and it is further

ORDERED, ADJUDGED, and DECREED that this Order shall serve as a

judgment in favor of the United States of America regarding any and all of the defendant's

Case 1:21-cr-00031-RJA-MJR Document 42 Filed 07/06/22 Page 3of5

right, title, and interest in the above described property. The property is hereby
condemned and forfeited to the United States of America and shall be disposed of
according to law, and the United States of America shall seize the aforementioned
property, and shall protect the interests of the Government in the property ordered
forfeited, by providing a copy of this Order to any person or entity that has possession of,
or jurisdiction over, the forfeited interests and by taking all steps necessary and
appropriate to protect the interests of the United States of America, including the taking

of actual possession of the property; and it is further

ORDERED, ADJUDGED, and DECREED pursuant to Title 21, United States
Code, Section 853(h), that following the seizure of the property ordered forfeited, the
Attorney General, through the United States Attorney's Office and/or any other duly
authorized federal agency, shall direct the disposition of the property, making due

provision for the rights of any innocent persons; and it is further

ORDERED, ADJUDGED, and DECREED that pursuant to Title 21, United States
Code, Section 853(n)(1), the United States shall publish notice of this Order and of its
intent to dispose of the property in such manner as the Attorney General, through the
United States Attorney's Office and/or any other duly authorized federal agency, may
direct, and provide notice that any person other than the defendant having or claiming a
legal interest in the above forfeited property must file a petition with the court within thirty
(30) days of the final publication of notice, or of receipt of actual notice, whichever is

earlier.

Case 1:21-cr-00031-RJA-MJR Document 42 Filed 07/06/22 Page 4of5

This notice shall state that the petition: (1) shall request a hearing to adjudicate the
validity of the petitioner's alleged interest in the property; (2) shall be signed by the
petitioner under penalty of perjury; (3) shall set forth the nature and extent of the
petitioner's right, title, or interest in the forfeited property; and (4) shall state any additional

facts supporting the petitioner's claim and the relief sought.

The United States may also, to the extent practicable, provide direct written notice
to any person known to have alleged an interest in any of the property that is the subject
of the Order of Forfeiture as a substitute for published notice as to those persons so

notified; and it is further

ORDERED, ADJUDGED, AND DECREED that if a Final Order of Forfeiture is
issued concerning the subject property, the United States Customs and Border Protection
and/or any other duly authorized federal agency shall dispose of the forfeited property

according to law; and it is further

ORDERED, ADJUDGED, AND DECREED that upon adjudication of all third-party
interests, this Court will enter a Final Order of Forfeiture pursuant to Title 18, United States
Code, Sections 924(d) and 3665 (firearm and ammunition), and Title 18, United States

Code, Section 981(a)(1)(C) and Title 28, United States Code, 2461(c) (bank accounts).

Case 1:21-cr-00031-RJA-MJR Document 42 Filed 07/06/22 Page5of5

SO ORDERED.

Pt]
DATED: July 5 , 2022.
Buffalo, New York

Reba! Ne Corsene

HON. RICHARD J. ARCARA
UNITED SHAR « DISTRICT JUDGE

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