United States v. Joe Nicolas Catala — Preliminary Order of Forfeiture (N.D. Fla., Document 90)

Summary

A preliminary order of forfeiture against defendant Joe Nicolas Catala in Case No. 4:21-cr-36-AW-MAF-1, in the U.S. District Court for the Northern District of Florida, filed January 3, 2022 as Document 90 and signed by United States District Judge Allen Winsor. The order grants the government's motion (ECF No. 84), noting that Catala pleaded guilty to conspiracy to commit bank and wire fraud, bank fraud, theft of mail, passing and uttering a treasury check bearing a false and forged endorsement, and aggravated identity theft (ECF No. 71). It forfeits an iPhone 7, an Xbox One gaming system, a Verizon Motorola cell phone, a bag of credit cards, $1,800 in U.S. currency and a Samsung smartphone. The order sets out publication and third-party petition procedures and becomes final as to Catala at sentencing.

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Full text

     Case 4:21-cr-00036-AW-MAF       Document 90     Filed 01/03/22   Page 1 of 4




          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-1
JOE NICOLAS CATALA,
     Defendant.
_______________________________/
                 PRELIMINARY ORDER OF FORFEITURE

      The government’s motion for a preliminary order of forfeiture (ECF No. 84)

is GRANTED.

      Defendant has pleaded guilty to conspiracy to commit bank and wire fraud,

bank fraud, theft of mail, passing and uttering a treasury check bearing a false and

forged endorsement, and aggravated identity theft. ECF No. 71. 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. iPhone 7 (S/N: F72C38G6HG6W);

         B. an Xbox One gaming system;

         C. a Verizon Motorola cell phone;

         D. a bag of credit cards;

         E. $1,800 in U.S. currency; and
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    Case 4:21-cr-00036-AW-MAF          Document 90      Filed 01/03/22   Page 2 of 4




            F. a Samsung smartphone.

         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.

         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.




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    Case 4:21-cr-00036-AW-MAF          Document 90     Filed 01/03/22    Page 3 of 4




      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

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.




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      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




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