Sham v. Secretary of the United States Department of Homeland Security et al

Filing 57

ORDER - Adopting Magistrate Judge John Acosta's Findings and Recommendation 55 . Signed on 2/7/2013 by Judge Michael H. Simon. (mja)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
UNITED STATES OF AMERICA,

v.
LOGAN STORM,

3:11-CR-00373-SI
PRELIMINARY ORDER OF
FORFEITURE AND FINAL ORDER OF
FORFEITURE AS TO DEFENDANT
LOGAN STORM

Defendant.

On September 20, 2011, an Indictment was filed as to defendant Logan Storm containing
a forfeiture allegation. Pursuant to 18 U.S.C. § 2253, upon conviction of Count 1 ofthe
Indictment, defendant shall forfeit to the United States the following property:

Apple MacBook Model Al181, Serial Number W8906DGK4R1;
"Geek Squad" thumb drive, 4GB, Serial Number 09102742d00053; and
"Lexar" thumb drive, 4GB, Serial number AA04020400017503.
On January 29, 2013, a jury found defendant Logan Storm guilty as to Count 1 of the
Indictment.

By virtue of said Guilty Verdict, the United States is now entitled to possession of said
property pursuant to 21 U.S.C. § 853 and Rule 32.2(b)(2) ofthe Federal Rules of Criminal
Procedure;
1.

Accordingly, it is ORDERED, the United States is authorized to seize the following:
Apple MacBook Model A1181, Serial Number W8906DGK4Rl;
"Geek Squad" thumb drive, 4GB, Serial Number 09102742d00053; and
"Lexar" thumb drive, 4GB, Serial number AA04020400017503.

The assets are forfeited to the United States for disposition in accordance with the law, subject to
the provisions of21 U.S.C. § 853(n):
2.

The forfeited property is to be held by the Immigration and Customs Enforcement in

its secure custody.
3.

Pursuant to 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6) ofthe Federal Rules of

Criminal Procedure, the United States shall publish on the official government internet site,
www.forfeiture.gov, notice of this order, notice of the Treasury's intent to dispose ofthe property
in such manner as the Secretary of the Treasury may direct, and notice that any person, other
than the defendant, having or claiming a legal interest in any ofthe above-listed forfeited
property must file a petition with the court within thirty (30) days of the final publication of
notice or of receipt of actual notice, whichever is earlier.

This notice shall state that the petition

shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the property.
The petition must 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 each of the forfeited properties and
any additional facts supporting the petitioner's claim and the relief sought.

The United States

may also, to the extent practicable, provide direct written notice to any person known to have

Preliminary Order of Forfeiture and Final Order of Forfeiture

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alleged an interest in property that is the subject of this Preliminary Order of Forfeiture, as a
substitute for published notice as to those persons so notified.
4. Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, this Preliminary
Order ofForfeiture shall become final as to the defendant at the time of sentencing and shall be
made part of the sentence and included in the judgment.

Upon entry ofthis Order, the United

States is authorized to conduct discovery in identifying, locating, or disposing of the asset in
accordance with Federal Rule of Criminal Procedure 32.2(b)(3).
5.

Following the Court's disposition of all petitions filed, or if no such petitions are filed

within the time prescribed by law, upon proof of publication and proof of notice to any persons
known to have alleged an interest in the property, the United States shall have clear title to the
property as provided in Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure.
IT IS SO ORDERED this

t~

day of February, 2013.

~~
United States District Judge

Submitted by:

S. AMANDA MARSHALL, OSB #95347
United States Attorney

sl Leslie J. Westphal
LESLIE J. WESTPHAL, OSB #83344
Assistant United States Attorney

Preliminary Order of Forfeiture and Final Order of Forfeiture

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