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Home Source documents Court filing — D. Kan. No. 6:21-cr-10073 (Dkt. 355, D. Kan.)

Court filing — D. Kan. No. 6:21-cr-10073 (Dkt. 355, D. Kan.)

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       Case 6:21-cr-10073-EFM            Document 355        Filed 06/29/26      Page 1 of 4




                          IN THE UNITED STATES DISTRICT COURT
                               FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA,                      )
                                               )
                                Plaintiff,     )
                                               )
                v.                             )       Case No. 21-10073-EFM
                                               )
MICHAEL R. CAPPS,                              )
                                               )
                                Defendant.     )
                                               )

         UNITED STATES’ MOTION FOR A FINAL ORDER OF FORFEITURE

        COMES NOW the United States of America, by and through its counsel, Ryan A.

Kriegshauser, United States Attorney for the District of Kansas, and Annette Gurney, Assistant

United States Attorney, and respectfully moves this Court for a Final Order of Forfeiture and in

support thereof advises the Court:

        1.      The United States hereby incorporates by reference, as though fully set forth

herein, all of its averments contained in its Motion for Preliminary Order of Forfeiture filed on

January 25, 2023. (Doc. 81).

        2.      On February 16, 2023, the Court entered a Preliminary Order of Forfeiture (Doc.

83) that forfeited to the United States the following property, subject to third party claims:

                A.    Contents of account number xxxxx4457, located in Pershing LLC account,
                      styled as Michael R. Capps, TOD DTD 04/11/19, located at Pershing LLC,
                      One Pershing Plaza, Jersey City, New Jersey.

        3.      Pursuant to Federal R.Crim.Pro. 32.2, third parties asserting a legal interest in the

above-described forfeited property are entitled to a judicial determination of the validity of the

legal claims or interests they assert.


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       Case 6:21-cr-10073-EFM           Document 355         Filed 06/29/26       Page 2 of 4




       4.      The United States published notification of the Court's Preliminary Order of

Forfeiture on an official government internet website, www.forfeiture.gov, for at least 30

consecutive days, beginning on March 17, 2023, as required by Rule G(4)(a)(iv)(c) of the

Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. (Doc. 93).

       5.      The Notice of Forfeiture advised that any person asserting a legal interest in the

property identified in paragraph 2 may, within thirty days of the final publication of notice or

receipt of actual notice, petition the Court for a hearing to adjudicate the validity of his/her

alleged interest in the property.

       6.      On April 19, 2023, the United States Marshals Service sent a copy of the

Preliminary Order of Forfeiture and the Notice of Forfeiture by both certified mail, return receipt

requested, and first-class mail addressed to Pershing, LLC. According to the certified return

receipt, it was delivered on April 24, 2023. (Doc. 145).

       7.      On April 19, 2023, the United States Marshals Service sent a copy of the

Preliminary Order of Forfeiture and the Notice of Forfeiture by both certified mail, return receipt

requested, and first-class mail to Cybertron International, Inc. According to the certified return

receipt, it was delivered on April 21, 2023. (Doc. 146).

       8.      Fed. R. Crim. Pro. 32.2(b)(6)(A) requires the United States to publish notice of

the Preliminary Order of Forfeiture and send notice to those who reasonably appear to be a

potential claimant with standing to contest the forfeiture in the ancillary proceeding. No notice

was sent to Defendant regarding the post-conviction, ancillary proceeding because the Court had

already extinguished Defendant’s interest in the Pershing account upon the entry of the

Preliminary Order of Forfeiture (Doc. 83). The Preliminary Order became final upon

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       Case 6:21-cr-10073-EFM            Document 355         Filed 06/29/26      Page 3 of 4




Defendant’s sentencing in this case. In its order entered on June 25, 2026, the Court confirmed

that Defendant lacked standing regarding the property because his interest had been extinguished

upon the entry of the Preliminary Order of Forfeiture (Doc. 83). (Doc. 354).

        9.      On April 19, 2023, the United States Marshals Service sent a copy of the

Preliminary Order of Forfeiture and the Notice of Forfeiture by both certified mail, return receipt

requested, and first-class mail to U.S. Small Business Administration, Office of Disaster

Assistance (SBA). According to the certified return receipt, it was delivered on April 25, 2023.

(Doc. 147). SBA has not filed a petition in this case regarding the forfeited property but has

instead submitted a Petition for Remission with the Money Laundering, Narcotics, and Forfeiture

Section of the Department of Justice.

        10.     No claims or petitions have been filed or any interest asserted in the subject

property in this case. Therefore, any third-party interests are barred by such failure.

Accordingly, the United States seeks a final order of forfeiture for the following property:

                A.    Contents of account number xxxxx4457, located in Pershing LLC account,
                      styled as Michael R. Capps, TOD DTD 04/11/19, located at Pershing LLC,
                      One Pershing Plaza, Jersey City, New Jersey.

        WHEREFORE, the United States respectfully moves this Court for a Final Order of

Forfeiture declaring the property forfeited as to all persons and vesting full right, title and interest

to the property in the United States and directing the United States Marshals Service to dispose

of the property according to law.

                                                        Respectfully Submitted,

                                                        RYAN A. KRIEGSHAUSER
                                                        United States Attorney
                                                        District of Kansas


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      Case 6:21-cr-10073-EFM           Document 355        Filed 06/29/26      Page 4 of 4




                                                     /s/ Annette Gurney
                                                     ANNETTE GURNEY
                                                     Assistant United States Attorney
                                                     1200 Epic Center, 301 N. Main
                                                     Wichita, Kansas 67202
                                                     (316) 269-6689
                                                     Fax (316)269-6484
                                                     KS. S. Ct. #11602
                                                     annette.gurney@usdoj.gov



                                CERTIFICATE OF SERVICE

       I certify that on June 29, 2026, the foregoing was electronically filed with the clerk of

the court by using the CM/ECF system, which will send a notice to all parties receiving notices

electronically, including Defendant Michael R. Capps.




                                                     /s/Annette Gurney
                                                     ANNETTE GURNEY, #11602
                                                     Assistant United States Attorney




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