Preliminary Order of Forfeiture and Final Order of Forfeiture Page 1
- Issuer
- UNITED STATES DISTRICT COURT
- Document type
- Order
- Date
- 2021-06-17
- Case
- UNITED STATES OF AMERICA v. ANDREW AARON LLOYD,
Summary
A preliminary order of forfeiture and final order of forfeiture as to defendant Andrew Aaron Lloyd, filed June 17, 2021 as Document 27 in Case 6:21-cr-00198-MC in the U.S. District Court for the District of Oregon. The order states that the defendant pleaded guilty under a plea agreement and forfeits property to the United States under 18 U.S.C. § 982(a)(2) and § 982(a)(1) and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure. The forfeited property comprises securities and funds in a Fidelity account and a Charles Schwab account, including 15,450 shares of Tesla Inc, 140 shares of Square Inc and 510 shares of Ark Innovation ETF, and 22 real properties in Oregon and California with their legal descriptions. It directs publication of notice under 21 U.S.C. § 853(n)(1), gives claimants thirty days to petition, and states the order becomes final at sentencing.
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Full text
Case 6:21-cr-00198-MC Document 27 Filed 06/17/21 Page 1 of 8
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA 6:21-cr-00198-MC
v. PRELIMINARY ORDER OF
FORFEITURE AND FINAL ORDER OF
ANDREW AARON LLOYD, FORFEITURE AS TO DEFENDANT
ANDREW AARON LLOYD
Defendant.
Defendant, Andrew Lloyd, entered into a plea agreement and pleaded guilty to Counts 1
through 3 of the Information.
In the forfeiture allegation of the Information in the above case, the United States sought
forfeiture of all property of the defendant, Andrew Lloyd, pursuant to pursuant to 18 U.S.C. ''
982(a)(2), and 982(a)(1), as any property constituting or derived from proceeds defendant
obtained directly or indirectly as a result of the violations charged in Counts 1 and 2; and any
property, real and personal, involved in the offense and all property traceable to such property.
Preliminary Order of Forfeiture and Final Order of Forfeiture Page 1
Case 6:21-cr-00198-MC Document 27 Filed 06/17/21 Page 2 of 8
Accordingly, it is ORDERED:
1. Based upon the defendant, Andrew Lloyd =s, plea of guilty to Counts 1 and 2 of the
Information, and pursuant to Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure and 18
U.S.C. '' 982(a)(2), and 982(a)(1), the United States is authorized to seize the following
property, and it is hereby forfeited to the United States for disposition in accordance with the
law, subject to the provisions of 21 U.S.C. ' 853(n):
- All securities and funds held in Fidelity Account xx7802;
- Securities and funds held in Charles Schwab Account xx4724, further described as:
• 140 shares of Square Inc (SQ);
• 15,450 shares of Tesla Inc (TSLA);
• 500 Shares of 2U Inc (TWOU);
• 900 shares of Aberdeen Standard Silver ETF (SIVR);
• 510 shares of Ark Innovation ETF (ARKK);
• All uninvested funds held in the account; and
22 Real Properties, further described below:
1. 61245 Protsman Street, Bly, Oregon, 97622
Legal description: Lot 6 in Block 13 of First Addition to Bly according to the official
plat thereof on file in the office of the County Clerk of Klamath County, Oregon.
2. 18528 Henwas Loop, Bly, Oregon, 97622
Legal description: Lot 8, Block 6, First Addition to Bley-Was Heights, according to the
official plat thereof on file in the office of the County Clerk, Klamath County, Oregon.
3. 440 3rd Court, Coos Bay, Oregon, 97420
Legal description: Lot 25, 26 and 27, Block 45, Town of East Marshfield, Coos County,
Oregon.
4. 2130 Southwest Blvd, Coos Bay, Oregon, 97420
Legal description: That part of Lots 2,3 and 4, Block 27, First Addition to Marshfield,
Coos County, As Described as Follows:
Preliminary Order of Forfeiture and Final Order of Forfeiture Page 2
Case 6:21-cr-00198-MC Document 27 Filed 06/17/21 Page 3 of 8
Beginning at the Northeast Corner of Lot 2, Block 27, First Addition to the City of
Marshfield, Coos County, Oregon, Thence South Along the East Line of Said Lot 2 a
Distance of 120 Feet to the Southeast Corner of Said Lot 2; Thence West Along the
South Line of Lots 2,3 and 4 of Block 27, A Distance of 128 Feet, More or Less, to the
East Line of the County Road; Thence North 43 Degrees 41' East a Distance of 165.6
Feet, More or Less, to the North Line of Block 27; Thence East a Distance of 13.6 Feet,
More or Less, to the Place of Beginning.
Lots 22,23 and 24, Block 27, First Addition to Marshfield, Coos County, Oregon, Filed
September 1, 1911 in Book 4, Page 18, Plat Records of Coos County, Oregon.
5. 362 N. Elliott Street, Coquille, Oregon, 97423
Legal description: Lot 3 and North 9 Feet of Lot 4, Block 49, Coquille City, Elliott’s
Addition, Coos County, Oregon. Together With That Portion of Vacated Elliott Street,
Which Was Vacated by Ordinance No. 135, Recorded August 14, 1922 IN Book 69, Page
464, Records of Coos County, Oregon, Which Would Inure Thereto by Reason of the
Vacation Thereof.
6. 421 E. First Street, Dorris, California, 96023
Legal description: The following described property in the City of Dorris, County of
Siskiyou, State of California:
PARCEL: I
All that portion of the Southwest quarter of Section 30, Township 48 North, Range 1
East, M.D.M., more particularly described as: Beginning at the Southeast corner of the
said Southwest quarter of Section 30; thence West along the Section line common to
Sections 30 and 31 of said township and Range, a distance of 165.00 feet; thence North
2640.00 feet parallel to the North-South center line of the said Section 30 to the point of
intersection with the North boundary of the said Southwest quarter; thence East along
said boundary, a distance of 165.00 feet to the point on intersection with the North-South
center line of the said Section 30; thence South 2640.00 feet along said North-South
center line to the point of beginning.
Excepting Therefrom all that portion lying within U.S. Highway 97. Also Excepting
Therefrom all that portion lying within the Southern Pacific Transportation Company
Railroad right of way.
PARCEL: II
All that portion of the Southeast quarter of the Southwest quarter of Section 30,
Township 48 North, Range 1 East, M.D.M., more particularly described as: Beginning at
a point on the Southerly Section line of the said Section 30 which bears West along said
Section line, a distance of 165.00 feet from the Southeast corner of the said Southwest
quarter of Section 30; thence West, along said Section line a distance of 140.00 feet;
thence North, parallel to the North-South center line of the said Section 30, a distance of
622,30 feet; thence East parallel to the South line of said Section, a distance of 140.00
feet; thence South, parallel to the North-South center line of said Section 30, a distance of
622.30 feet to the point of beginning.
Preliminary Order of Forfeiture and Final Order of Forfeiture Page 3
Case 6:21-cr-00198-MC Document 27 Filed 06/17/21 Page 4 of 8
Excepting Therefrom all that portion lying within U.S. Highway 97.
PARCEL: III
All that portion of the Southeast quarter of the Southwest quarter of Section 30,
Township 48 North, Range 1 East, M.D.M., more particularly described as: Beginning
at a point on the Southerly Section line of the said Section 30 which bears West along
said Section line, a distance of 305.00 feet from the Southeast corner of the said
Southwest quarter of Section 30; thence West along said Section line, a distance of 25.00
feet; thence North parallel to the North-South center line of said Section 30, to the point
of intersection with the South Easterly boundary of the Southern Pacific Transportation
Company railroad right of way; thence Northeasterly along said boundary to a point
which bears North from the point of beginning; thence South parallel to the North-South
center line of said Section 30 to the point of beginning.
Excepting Therefrom all that portion lying within U.S. Highway 97.
PARCEL: IV
All that portion of the East half of the Southwest quarter of Section 30, Township 48
North, Range 1 East, M.D.M., described as: Beginning at the quarter corner common to
Sections 30 and 31, Township 48 North, Range 1 East, M.D.M., thence West 10 rods;
thence North 622.3 feet to the true point of beginning; thence West 140.0 feet, thence
North 2017.7 feet to the North line of the Southwest quarter of said section 30; thence
east 140.0 feet to a point 10 rods West to the Northeast corner of the Southwest Quarter
of said Section 30; thence South 2017.7 feet to the true point of beginning.
Saving and excepting therefrom all that portion of the above described property lying
within the right of way of the Central Pacific Railroad.
7. 340 Martin Street, Klamath Falls, Oregon, 97601
Legal description: Lot 49, Block 18, Industrial Addition to the City of Klamath Falls,
according to the official plat thereof on file in the office of the County Clerk of Klamath
County, Oregon.
8. 349 Martin Street, Klamath Falls, Oregon, 97601
Legal description: All that portion of Lots 5 and 6, Block 21, Industrial Addition to
the City of Klamath Falls, Oregon, in the County of Klamath, State of Oregon, more
particularly described as follows: Beginning at the most Southerly corner of Lot 5 in
said Block 21; thence Northwesterly along the Northeasterly line of Martin Street, a
distance of 50 feet to the most Westerly corner of Lot 6 in said Block 21; thence
Northeasterly along the line between Lots 6 and 7 in said Block a distance of 50 feet;
thence Southeasterly parallel with Martin Street, a distance of 50 feet; thence
Southwesterly along the line between Lots 5 and 6 in said Block a distance of 50 feet to
the point of beginning.
9. 2047 Etna Street, Klamath Falls, Oregon, 97603
Legal description: Lot 4 in Block 4 of Pleasant View Tracts, according to the official
plat thereof on file in the office of the County Clerk of Klamath County, Oregon.
Preliminary Order of Forfeiture and Final Order of Forfeiture Page 4
Case 6:21-cr-00198-MC Document 27 Filed 06/17/21 Page 5 of 8
10. 9728 Ben Kerns Road, Klamath Falls, Oregon, 97601
Legal description: Lot 14 in Block 18, Second Addition to Klamath River Acres,
according to the official plat thereof on file in the office of the County Clerk of Klamath
County, Oregon.
11. 226 Adams Street, Myrtle Creek, Oregon, 97457
Legal Description: The East 90 feet of Lot 11, Wecks Tract, Douglas County, Oregon.
12. 997 Cornutt Street, Myrtle Creek, Oregon, 97457
Legal Description: Lot 8, Second Addition to Briggs Acres, Douglas County, Oregon.
13. 195 SE Mill Street, Myrtle Creek, Oregon, 97457
Legal Description: Lot 13, Block 2, P.R. Weaver Second Subdivision to the Town of
Myrtle Creek, County of Douglas, State of Oregon.
14. 205 SE Mill Street, Myrtle Creek, Oregon, 97457
Legal Description: Lot 12, Block 2, P.R. Weaver 2nd Subdivision to the City of Myrtle
Creek, Douglas County, Oregon.
15. 644 8th Street, Myrtle Point, Oregon, 97458
Legal Description: Lot 2, Block 2, Smith's Addition to Myrtle Point, in the City of
Myrtle Point, Coos County, Oregon. Except the North 4 1/3 feet heretofore conveyed by
deed recorded in Book 187, Page 429, Deed Records of Coos County, Oregon.
16. 173 E. Everett Avenue, Sutherlin, Oregon, 97479
Legal Description: Lots 23, 24, 25, and 26 in Block 30, Amended Plat of the Townsite
of Sutherlin, Douglas County, Oregon.
17. 191 W. Second Ave, Sutherlin, Oregon, 97479
Legal Description: Lots 30, 31 and 32, Block 16, of the Amended Plat of the Townsite
of Sutherlin, Douglas County, Oregon.
Excepting therefrom, the Easterly 19 feet of Lot 30, Block 16, Amended Plat of the
Townsite of Sutherlin, Douglas County, Oregon.
18. 177 NW 6th Street, Toledo, Oregon, 97391
Legal Description: Lots 5 and 6 and the East half of Lot 7 in Block 24 of Graham’s
Fourth Addition to Toledo, now known as Graham’s 5th Addition to Toledo, in the
City of Toledo, County of Lincoln and State of Oregon; Also the North 20 feet of the
East 40 feet of Lot 13 and the North 20 feet of Lot 14, Block 24, Graham’s Fourth
Addition to Toledo, now known as Graham’s 5th Addition to Toledo, in the City of
Toledo, County of Lincoln and State of Oregon.
Preliminary Order of Forfeiture and Final Order of Forfeiture Page 5
Case 6:21-cr-00198-MC Document 27 Filed 06/17/21 Page 6 of 8
19. 513 SE East Slope Road, Toledo, Oregon, 97391
Legal Description: The Part 2 of Partition Plat No. 1993-40, in the City of Toledo,
Lincoln County, Oregon, filed for record August 31, 1995 in the Lincoln County Plat
Records.
20. 876 NE Highway 20, Toledo, Oregon, 97391
Legal Description: Beginning at a point on the West line of the Jordan tract described in
deed recorded in Book 147, page 341, Deed Records and on the North line of the Goakey
tract described in deed recorded in Book 149, page 335, Deed Records, said point being
North 00 degree 05' East 965 feet and North 88 degrees West 210 feet from the quarter
section corner on the South line of Section 8, Township 11 South, Range 10 West,
Willamette Meridian, in Lincoln County, Oregon; thence North 00 degrees 05' East along
the West line of said Jordan tract and the West line of the Schaffer tract described in deed
recorded in Book 119, page 360, Deed Records, 150 feet to the South line of the Schaffer
tract described in deed recorded in Book 110, page 447, Deed Records; thence North 88
degrees West along the South line of said Schaffer tract (Book 110, page 447, Deed
Records) and the South line of the Renner tract described in deed recorded in Book 154,
page 379, Deed Records and the South line of the Moore tract described in deed recorded
in Book 160, page 271, Deed Records, a distance of 300 feet; thence South 7 degrees 58'
West 151.5 feet to the North line of the Hazel Fay tract described in deed recorded in
Book 89, page 238, Deed Records; thence South 88 degrees East along the North line of
said Fay tract and the North line of the Johansen tract described in deed recorded in Book
14, page 356, Deed Records, and the North line of aforementioned Goakey 321 feet
more or less, to the point of beginning, in the City of Toledo, County of Lincoln, State of
Oregon, excepting any portion lying within US. Highway 20.
21. 150 SE Mill Street, Myrtle Creek, Oregon, 97457
Legal Description: Lots 3 and 4, Block 3, P.R. Weaver 2nd Subdivision to the City of
Myrtle Creek, Douglas County, Oregon.
22. 1303 SE Strong Avenue, Roseburg, Oregon, 97470
Legal Description: Lots 6 and 7, Block 20, Miller’s Addition to the City of Roseburg,
Douglas County, Oregon.
2. The forfeited property is to be held by the United States in its secure custody during
the pendency of this action.
3. Pursuant to 21 U.S.C. ' 853(n)(1) and Rule 32.2(b)(6) of the Federal Rules of
Criminal Procedure, the United States shall publish on the official government internet site,
www.forfeiture.gov, notice of this order, notice of the U.S. Marshal’s and/or Treasury=s intent to
Preliminary Order of Forfeiture and Final Order of Forfeiture Page 6
Case 6:21-cr-00198-MC Document 27 Filed 06/17/21 Page 7 of 8
dispose of the property in such manner as the Attorney General and/or Secretary of the Treasury
may direct, and notice that any person, other than the defendant, having or claiming a legal
interest in any of the above-listed 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. This notice shall state that the petition shall be for a hearing to adjudicate the validity of
the petitioner's alleged interest in the property. The petition must 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 each of the forfeited properties and 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 property that is the subject of
this Preliminary Order of Forfeiture, as a substitute for published notice as to those persons so
notified.
4. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing
and shall be made part of the sentence and included in the judgment. Upon entry of this Order,
the United States is authorized to conduct discovery in identifying, locating, or disposing of the
asset(s) in accordance with Federal Rule of Criminal Procedure 32.2(b)(3).
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Case 6:21-cr-00198-MC Document 27 Filed 06/17/21 Page 8 of 8
5. Following the Court's disposition of all petitions filed, or if no such petitions are filed
within the time prescribed by law, upon proof of publication and proof of notice to any persons
known to have alleged an interest in the property, the United States shall have clear title to the
property and may warrant good title to any subsequent purchaser or transferee as provided in
Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure.
IT IS SO ORDERED this _____
17th day of June 2021.
s/Michael J. McShane
_______________________________
HONORABLE MICHAEL McSHANE
United States District Court Judge
Presented by:
SCOTT ERIK ASPHAUG, OSB #833674
Acting United States Attorney
s/Gavin W. Bruce
GAVIN W. BRUCE, OSB #113384
Assistant United States Attorney
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