United States v. Nicolas Carl Ramirez — Preliminary Order of Forfeiture (N.D. Fla., Document 89)
Summary
A preliminary order of forfeiture against defendant Nicolas Carl Ramirez in Case No. 4:21-cr-36-AW-MAF-2, in the U.S. District Court for the Northern District of Florida, filed January 3, 2022 as Document 89 and signed by United States District Judge Allen Winsor. The order grants the government's motion (ECF No. 85), noting that Ramirez pleaded guilty to conspiracy to commit bank and wire fraud, bank fraud and aggravated identity theft (ECF No. 80). It forfeits credit card blanks and a black computer tower under 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), and 982(a)(2). The order sets out publication and third-party petition procedures and provides that it becomes final as to Ramirez at sentencing.
Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“United States v. Nicolas Carl Ramirez — Preliminary Order of Forfeiture (N.D. Fla., Document 89).”
Original at ecf.flnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/preliminary-order-of-forfeiture-usa-v-catala-et-al-dkt-89-n-d-fla-42fc61b561/
, SHA-256 b766bc93a49c9c9c44c05cd88dd04384a532ba0bcddbfc9068a54842bc212fad.Full text
Case 4:21-cr-00036-AW-MAF Document 89 Filed 01/03/22 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
UNITED STATES OF AMERICA
v. Case No. 4:21-cr-36-AW-MAF-2
NICOLAS CARL RAMIREZ,
Defendant.
_______________________________/
PRELIMINARY ORDER OF FORFEITURE
The government’s motion for a preliminary order of forfeiture (ECF No. 85)
is GRANTED.
Defendant has pleaded guilty to conspiracy to commit bank and wire fraud,
bank fraud, and aggravated identity theft. ECF No. 80. The indictment included a
forfeiture provision. ECF No. 1 at 17-19. I now find, based on evidence already in
the record, that the following property is subject to forfeiture under 18 U.S.C.
§§ 981(a)(1)(C), 982(a)(1), and 982(a)(2), and that the government has established
the requisite nexus between this property and the offenses.
A. credit card blanks; and
B. a black computer tower.
It is now ordered, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), and
982(a)(2) and 28 U.S.C. § 2461(c); and Federal Rule of Criminal Procedure 32.2(b),
that Defendant’s interest in the assets identified above is forfeited to the United
States for disposition according to law.
1
Case 4:21-cr-00036-AW-MAF Document 89 Filed 01/03/22 Page 2 of 3
The United States is authorized to seize the assets above, whether held by
Defendant or a third party, and to conduct any discovery proper in identifying,
locating, or disposing of the property, in accordance with Rule 32.2(b)(3).
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 must cause to be published at least once, notice of this order,
notice of its intent to dispose of the property in such manner as the Attorney General
(or a designee) may direct, and notice that any person, other than Defendant, having
or claiming a legal interest in the property must file a petition with the court within
30 days of the final publication of the notice, or within 60 days of the first date of
publication on an official internet government forfeiture site at www.forfeiture.gov.
The United States must also, to the extent practicable, provide written notice to any
person known to have an alleged interest in the property.
Any person (other than Defendant) asserting a legal interest in the property
may, within 30 days of the final publication of notice or receipt of notice, whichever
is earlier, petition the court for a hearing to adjudicate the validity of his asserted
interest in the property, and for an amendment of the forfeiture order.
Pursuant to Rule 32.2(b)(4), this Preliminary Order of Forfeiture shall become
final as to Defendant at the time of sentencing, or before sentencing if Defendant
2
Case 4:21-cr-00036-AW-MAF Document 89 Filed 01/03/22 Page 3 of 3
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 the Final Order of Forfeiture,
as provided by Rule 32.2(c)(2).
Any third-party petition asserting an interest in the property shall be signed
by petitioner under penalty of perjury. It shall also set forth the nature and extent of
the petitioner’s right, title, or interest in the 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.
After the disposition of any motion filed under Rule 32.2(c), 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 by 21 U.S.C. § 853(n)(2) for the filing of third-party petitions.
The court will retain jurisdiction to enforce this order and to amend it as necessary,
pursuant to Rule 32.2(e).
SO ORDERED on January 3, 2022.
s/ Allen Winsor
United States District Judge
3
File and source
- File
- 89-preliminary-order-of-forfeiture-granting-85-motion.pdf
- Size
- 137,778 bytes
- SHA-256
- b766bc93a49c9c9c44c05cd88dd04384a532ba0bcddbfc9068a54842bc212fad
- Original
- PACER (login required)