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Preliminary Order of Forfeiture — United States v. Tracy Emery Smith (E.D. Cal., Dkt. 15, November 27, 2023)

Summary

Preliminary order of forfeiture, filed November 27, 2023 as Document 15 in United States v. Tracy Emery Smith, Case No. 2:23-CR-00184-KJM, in the U.S. District Court for the Eastern District of California. Based on the plea agreement, it orders Smith's interest in the funds in an NBKC General Ledger account for a cashier's check dated 12/1/2020 for $6,206.80 payable to Real Fund 360 forfeited under 18 U.S.C. § 982(a)(2)(A), as proceeds of a violation of 18 U.S.C. § 1344. The U.S. Marshals Service is to seize the property, notice is to be posted for at least 30 consecutive days on forfeiture.gov, and third-party petitions are due within 60 days. A Final Order of Forfeiture follows adjudication of any petition.

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“Preliminary Order of Forfeiture — United States v. Tracy Emery Smith (E.D. Cal., Dkt. 15, November 27, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-cal-no-2-23-cr-00184-dkt-15-e-d-cal-4b3d04d211/, SHA-256 cc984665064cb0b95ba032107a11208f232f3863f2ce8f781031048e12298c80.

Full text

                 Case 2:23-cr-00184-KJM Document 15 Filed 11/27/23 Page 1 of 2



 1   PHILLIP A. TALBERT
     United States Attorney
 2   ROGER YANG
     KEVIN C. KHASIGIAN
 3   Assistant U. S. Attorneys
     501 I Street, Suite 10-100
 4   Sacramento, CA 95814
     Telephone: (916) 554-2700
 5

 6

 7

 8                                IN THE UNITED STATES DISTRICT COURT

 9                                      EASTERN DISTRICT OF CALIFORNIA

10

11   UNITED STATES OF AMERICA,                            2:23-CR-00184-KJM
12                         Plaintiff,
                                                          PRELIMINARY ORDER OF
13          v.                                            FORFEITURE
14   TRACY EMERY SMITH,
15                         Defendant.
16

17          Based upon the plea agreement entered into between plaintiff United States of America and

18 defendant Tracy Emery Smith, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

19          1.      Pursuant to 18 U.S.C. § 982(a)(2)(A), defendant Tracy Emery Smith’s interest in the

20 following property shall be condemned and forfeited to the United States of America, to be disposed of

21 according to law:

22                  a.     Any and all funds held in the NBKC General Ledger account for Cashiers’
                           Check #89271, dated 12/1/2020 for $6,206.80 payable to Real Fund 360.
23

24          2.      The above-listed property constitutes or is derived from proceeds obtained directly or

25 indirectly as a result of a violation of 18 U.S.C. § 1344.

26          3.      Pursuant to Rule 32.2(b)(3), the Attorney General (or a designee) shall be authorized to

27 seize the above-listed property. The aforementioned property shall be seized and held by the U.S.

28 Marshals Service, in its secure custody and control.
                                                          1                            Preliminary Order of Forfeiture
                 Case 2:23-cr-00184-KJM Document 15 Filed 11/27/23 Page 2 of 2



 1          4.      a.      Pursuant to 18 U.S.C. § 982(b)(1), incorporating 21 U.S.C. § 853(n), and Local

 2 Rule 171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice

 3 of the Attorney General’s (or a designee’s) intent to dispose of the property in such manner as the

 4 Attorney General may direct shall be posted for at least 30 consecutive days on the official internet

 5 government forfeiture site www.forfeiture.gov. The United States may also, to the extent practicable,

 6 provide direct written notice to any person known to have alleged an interest in the property that is the

 7 subject of the order of forfeiture as a substitute for published notice as to those persons so notified.

 8                  b.      This notice shall state that any person, other than the defendant, asserting a legal

 9 interest in the above-listed property, must file a petition with the Court within sixty (60) days from the

10 first day of publication of the Notice of Forfeiture posted on the official government forfeiture site, or

11 within thirty (30) days from the receipt of direct written notice, whichever is earlier.

12          5.      If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court

13 will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 982(a)(2)(A), in which all interests will be

14 addressed.

15          SO ORDERED this 27th day of November, 2023.

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                                                            2                               Preliminary Order of Forfeiture

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