Preliminary Forfeiture Order — USA v. McCown (Dkt. 11-1, D. Wyo.)

Summary

A form of Preliminary Forfeiture Order, Document 11-1, filed 05/10/22 in Case 1:22-cr-00023-SWS, United States of America v. Paul McCown, Case Number: 22-CR-23-SWS, in the U.S. District Court for the District of Wyoming. The form of order recites the Government's Motion for Preliminary Forfeiture Order and states that, as a result of the defendant's plea of guilty, the defendant relinquishes rights in the Subject Property of $13,290,672.99, forfeitable under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). It sets out third-party notice and petition procedures and provides that the order would become final as to the defendant at sentencing. The date line is blank and the signature block names Scott W. Skavdahl, Chief Judge.

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Full text

        Case 1:22-cr-00023-SWS Document 11-1 Filed 05/10/22 Page 1 of 3




                       IN THE UNITED STATES DISTRICT COURT

                            FOR THE DISTRICT OF WYOMING

 UNITED STATES OF AMERICA,

                        Plaintiff,
        v.                                               Case Number: 22-CR-23-SWS

 PAUL MCCOWN,

                        Defendant.


                           PRELIMINARY FORFEITURE ORDER


       THIS MATTER comes before the court on the Government’s Motion for Preliminary

Forfeiture Order. Based upon the record in this case and the reasons stated in the motion, and for

good cause shown, the Court makes the following findings:

       As the result of Defendant McCown’s plea of guilty to his participation in the crimes

charged in the Information (Doc. 1) and the language in his plea agreement (Doc. 2), the Defendant

relinquishes any rights, title and interest he may have in the Subject Property listed in Forfeiture

section of the Information (Doc. 1 at 7-8).

       The Subject Property is forfeitable under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C.

§ 2461(c), and the government has established the requisite nexus between the Subject Property

and the crimes of conviction.

       The Court GRANTS the Government’s Motion for Preliminary Order of Forfeiture against

the following Subject Property:

       $13,290,672.99.
         Case 1:22-cr-00023-SWS Document 11-1 Filed 05/10/22 Page 2 of 3




        IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that pursuant to 18 U.S.C.

§ 981(a)(1)(C) and 28 U.S.C. § 2461(c) the Defendant shall forfeit the above-listed Subject

Property to the United States.

        Upon entry of this Order, the United States is authorized to commence any applicable

proceeding to comply with statutes governing third party rights, including giving notice of this

Order. The United States shall publish notice of the order and its intent to dispose of the Subject

Property in such a manner as the Attorney General may direct. The United States may, to the

extent practicable, provide written notice to any person known to have an alleged interest in the

Subject Property.

        Any person, other than the Defendant, asserting a legal interest in the Subject Property

may, within thirty (30) days of the final publication of notice or receipt of notice, whichever is

earlier, petition the court for a hearing without a jury to adjudicate the validity of his or her alleged

interest in the Subject Property, and for an amendment of the order of forfeiture.

        Pursuant to Rule 32.2(b)(3), this Preliminary Order of Forfeiture shall become final as to

the Defendant at the time of sentencing or before sentencing if he consents, and shall be made part

of the sentence and included in the judgment. If no third-party files a timely claim, this Order shall

become a Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)

        Any petition filed by a third party asserting an interest in the Subject Property shall 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 the Subject Property, the time and circumstances of the

petitioner’s acquisition of the right, title or interest in the Subject Property, and any additional facts

supporting the petitioner’s claim and the relief sought.




                                                    2
          Case 1:22-cr-00023-SWS Document 11-1 Filed 05/10/22 Page 3 of 3




          After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before

a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of

Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual

issues.

          The United States shall have clear title to the Subject Property following the Court’s

disposition of all third-party interests, or, if none, following the expiration of the period provided

in 21 U.S.C. § 853(n)(2), which is incorporated by 18 U.S.C. § 982(b), for the filing of third-party

petitions.

          The court shall retain jurisdiction to enforce this Order, and to amend it as necessary,

pursuant to Fed. R. Crim. P. 32.2(e).

          SO ORDERED:

          DATED this ______ day of May, 2022.


                                                      SCOTT W. SKAVDAHL
                                                      Chief Judge, United States District Court




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