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Davian Audi

Davian Audi

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Published by zerohedge
Davian Audi
Davian Audi

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Published by: zerohedge on Jun 28, 2014
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07/26/2014

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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, ) CASE NO. 5:14-CR-081 ) Plaintiff, ) JUDGE PATRICIA A. GAUGHAN ) v. ) ) ANTHONY J. DAVIAN, ) )
FINAL ORDER OF FORFEITURE
 Defendant. ) It appears to the Court that proper proceedings for the issuance of a Final Order of Forfeiture have been had in this case as follows: 1. On February 27, 2014, a 14-count information (Dkt. No. 1) was filed against defendant Anthony J. Davian. Counts 1, 2-3, 4-7 and 8-14 charged defendant Davian as follows: Count 1: Securities Fraud, in violation of 15 U.S.C. § 78j(b). Counts 2-3: Mail Fraud, in violation of 18 U.S.C. § 1341. Counts 4-7: Wire Fraud, in violation of 18 U.S.C. § 1343. Counts 8-14: Money Laundering, in violation of 18 U.S.C. § 1957. 2. The forfeiture provisions set forth in the information specified as follows:
Case: 5:14-cr-00081-PAG Doc #: 13 Filed: 06/11/14 1 of 5. PageID #: 99
 
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Forfeiture - Count 4 (Wire Fraud): “The allegations of Count 4 are hereby re-alleged and incorporated herein by reference for the purpose of alleging forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). As a result of the foregoing offense, Defendant ANTHONY J. DAVIAN shall forfeit to the United States all property, real and personal, which constitutes, or is derived from, proceeds traceable to the commission of such offense; including, but not limited to, the following: 2011 Audi Q7, VIN: WA1DGAFE0BD010538; Owner: Anthony  J. Davian; Approximate Value: $41,600.00.Forfeiture - Count 9 (Money Laundering): “The allegations of Count 9 are hereby re-alleged and incorporated herein by reference for the purpose of alleging forfeiture pursuant to 18 U.S.C. § 982(a)(1). As a result of the foregoing offense, Defendant ANTHONY J. DAVIAN shall forfeit to the United States all property, real and personal, involved in such offense, and all property traceable to such property; including, but not limited to, the following: 2011 Audi Q7, VIN: WA1DGAFE0BD010538; Owner: Anthony J. Davian; Approximate Value: $41,600.00.3. An arraignment and plea hearing was held on March 25, 2014. A plea agreement (Dkt. No. 6) was executed between the parties, and defendant Davian entered a plea of guilty to the charges set forth in Counts 1-14 of the information. With
Case: 5:14-cr-00081-PAG Doc #: 13 Filed: 06/11/14 2 of 5. PageID #: 100
 
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respect to forfeiture, the parties agreed as follows at page 3 of the plea agreement: a.) Pursuant to 18 U.S.C. § 981(a)(1)(C) & 28 U.S.C. § 2461(c) and 18 U.S.C. § 982(a)(1), defendant Davian agreed to the forfeiture of the following property to the United States: 2011 Audi Q7, VIN: WA1DGAFE0BD010538; Owner: Anthony  J. Davian; Approximate Value: $41,600.00. b.) Defendant Davian further agreed that: (i) this property is subject to forfeiture under 18 U.S.C. § 981(a)(1)(C) & 28 U.S.C. § 2461(c) as it constitutes, or is derived from, proceeds traceable to the commission of the wire fraud offense charged in Count 4 of the information; and, (ii) this property is subject to forfeiture under 18 U.S.C. § 982(a)(1) as it was involved in the money laundering offense charged in Count 9 of the information. c.) Defendant Davian stated that he is the owner of the subject 2011 Audi Q7, and that he will take whatever steps are necessary to effectuate its forfeiture to the United States. d.) Pursuant to Rule 32.2(b)(4)(A) of the Federal Rules of Criminal Procedure, defendant Davian consented that the forfeiture of the subject 2011 Audi Q7 would become final as to himupon the Courts entry of the Preliminary Order of Forfeiture.
Case: 5:14-cr-00081-PAG Doc #: 13 Filed: 06/11/14 3 of 5. PageID #: 101

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