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Final Order of Forfeiture — United States v. Tracy Emery Smith (E.D. Cal., Dkt. 39, December 9, 2024)

Summary

Final order of forfeiture, filed December 9, 2024 as Document 39 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. It recalls the Preliminary Order of Forfeiture of November 27, 2023 and says that, starting on December 6, 2023, notice was published on forfeiture.gov for at least 30 consecutive days; per the order, the Court has been advised that no third party filed a claim and the time to do so has expired. It forfeits to the United States all right, title and interest in the funds in the NBKC General Ledger account for a $6,206.80 cashier's check payable to Real Fund 360, plus accrued interest, and the order is dated the 6th day of December, 2024.

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Cite this document

“Final Order of Forfeiture — United States v. Tracy Emery Smith (E.D. Cal., Dkt. 39, December 9, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-cal-no-2-23-cr-00184-dkt-39-e-d-cal-a4a5b8f9b2/, SHA-256 5da4f81120df50664b72ae8cac9146ec6add9b775301eea5b53b03f5b5dac2ff.

Full text

                  Case 2:23-cr-00184-KJM Document 39 Filed 12/09/24 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

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 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,
                                                           FINAL ORDER OF FORFEITURE
13           v.
14   TRACY EMERY SMITH,
15                    Defendant.
16

17          On November 27, 2023, this Court entered a Preliminary Order of Forfeiture, pursuant to the

18 provisions of 18 U.S.C. § 982(a)(2)(A), based upon the plea agreement entered into between plaintiff and

19 defendant Tracy Emery Smith forfeiting to the United States the following property:

20                   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.
21

22          Beginning on December 6, 2023, for at least 30 consecutive days, the United States published

23 notice of the Court’s Order of Forfeiture on the official internet government forfeiture site

24 www.forfeiture.gov. Said published notice advised all third parties of their right to petition the Court

25 within sixty (60) days from the first day of publication of the notice for a hearing to adjudicate the

26 validity of their alleged legal interest in the forfeited property.

27          The Court has been advised that no third party has filed a claim to the subject property, and the

28 time for any person or entity to file a claim has expired.
                                                          1
                                                                                             Final Order of Forfeiture
                 Case 2:23-cr-00184-KJM Document 39 Filed 12/09/24 Page 2 of 2



 1          Accordingly, it is hereby ORDERED and ADJUDGED:

 2          1.      A Final Order of Forfeiture shall be entered forfeiting to the United States all right, title,

 3 and interest in the below-listed property pursuant to 18 U.S.C. § 982(a)(2)(A), including all right, title,

 4 and interest of Tracy Emery Smith:

 5                  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, plus any
 6                         accrued interest.
 7          2.      All right, title, and interest in the above-listed property shall vest solely in the name of the

 8 United States of America.

 9          3.      The U.S. Marshals Service shall maintain custody of and control over the subject property

10 until it is disposed of according to law.

11          SO ORDERED this 6th day of December, 2024.

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                                                                                                Final Order of Forfeiture

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