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Petters Motion for Prelim Order Forfeiture

Petters Motion for Prelim Order Forfeiture

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Published by Seth Leventhal

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Categories:Business/Law, Finance
Published by: Seth Leventhal on Jan 19, 2010
Copyright:Attribution Non-commercial

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01/18/2010

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UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTACriminal No. 08-364 (RHK/AJB)UNITED STATES OF AMERICA,))Plaintiff,))v.)MOTION FOR PRELIMINARY)ORDER OF FORFEITURE(1) THOMAS JOSEPH PETTERS,))Defendant.) The United States of America, by and through B. Todd Jones,United States Attorney for the District of Minnesota, and James S.Alexander, Assistant United States Attorney, respectfully movesthis Court, pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(1), 28U.S.C. § 2461(c), and Fed.R.Crim.P. 32.2, for a Preliminary Orderof Forfeiture in the above-captioned case and in support thereofrepresents to the Court the following:1. On June 3, 2009, a federal grand jury sitting in theDistrict of Minnesota returned a Superseding Indictment againstDefendant Thomas Joseph Petters.2. The Forfeiture Allegations of the Superseding Indictmentsought the forfeiture of the following property pursuant to 18U.S.C. § 981(a)(1)(C) in conjunction with 28 U.S.C. § 2461(c), and18 U.S.C. § 982(a)(1):a.Funds in the amount of $1,026,352.86 seized from M&IMarshall & Ilsley Bank account number xxx9018;b.Funds in the amount of $120,983.01 seized from Crown Bankaccount number xxx2227;c.Funds in the amount of $289,658.89 previously held inCrown Bank Certificate of Deposit number xxx3081;
Case 0:08-cr-00364-RHK-AJB Document 366 Filed 01/15/10 Page 1 of 22
 
2d.Funds in the amount of $115,512.46 previously held inCrown Bank Certificate of Deposit number xxx3065;e.the real property and premises located at 655 BushawayRoad, Wayzata, Minnesota 55391, together with itsbuildings, appurtenances, improvements, fixtures,attachments and easements, and/or proceeds traceable tothe sale of said property;f.the real property and premises located at 320 Elk Circle,Dillon, Colorado 80435, together with its buildings,appurtenances, improvements, fixtures, attachments andeasements, and/or proceeds traceable to the sale of saidproperty;g.the real property and premises located at 1840 SouthOcean Boulevard, Lake Worth, Florida 33462, together withits buildings, appurtenances, improvements, fixtures,attachments and easements, and/or proceeds traceable tothe sale of said property;h.any and all funds held in JP Morgan Account No. xxx6009in the name of Thomas J. Petters;i.any and all funds held in JP Morgan Account No. xxx5003in the name of Thomas J. Petters;j.any and all funds held in JP Morgan Account No. xxx4009in the name of Thomas J. Petters;k.any and all funds held in JP Morgan Account No. xxx8005in the name of Thomas J. Petters;l.any and all funds held in JP Morgan Account No. xxx0007in the name of Thomas J. Petters;m.the real property located at 15823 50th Avenue North,Plymouth, Minnesota, together with its buildings,appurtenances, improvements, fixtures, attachments andeasements, and/or proceeds traceable to the sale of saidproperty;n.333 Vitoria Avenue, Winter Park, Florida, together withits buildings, appurtenances, improvements, fixtures,attachments and easements, and/or proceeds traceable tothe sale of said property;o.the real property located at 89405 Jack Pine Drive,
Case 0:08-cr-00364-RHK-AJB Document 366 Filed 01/15/10 Page 2 of 22
 
3Cornucopia, Wisconsin, together with its buildings,appurtenances, improvements, fixtures, attachments andeasements, and/or proceeds traceable to the sale of saidproperty; andp.the real property located at 89435 Jack Pine Drive,Cornucopia, Wisconsin, together with its buildings,appurtenances, improvements, fixtures, attachments andeasements, and/or proceeds traceable to the sale of saidproperty;3. On December 2, 2009, the defendant was found guilty ofCounts 1 through 20 of the Superseding Indictment. Following thereturn of the guilty verdict, the defendant waived his right to ajury determination of the forfeitures sought by the government.4. Rule 32.2(b) of the Federal Rules of Criminal Procedureprovides that:(b) Entering a Preliminary Order ofForfeiture.(1) Forfeiture Phase of the Trial. (A) Forfeiture Determinations. As soonas practical after a verdict or finding ofguilty . . . on any count in an indictment orinformation regarding which criminalforfeiture is sought, the court must determinewhat property is subject to forfeiture underthe applicable statute. If the governmentseeks forfeiture of specific property, thecourt must determine whether the governmenthas established the requisite nexus betweenthe property and the offense.. . .(B) Evidence and Hearing. The court’sdetermination may be based on evidence alreadyin the record, including any written pleaagreement, and on any additional evidence orinformation submitted by the parties andaccepted by the court as relevant and
Case 0:08-cr-00364-RHK-AJB Document 366 Filed 01/15/10 Page 3 of 22

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