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United States of America v. Wommer

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA


April 29, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WOMMER, DEFENDANT.

The opinion of the court was delivered by: Gloria M. Navarro United States District Judge

PRELIMINARY ORDER OF FORFEITURE

On April 19, 2013, this Court found Defendant PAUL WOMMER guilty of Counts One Five of a Five-Count Criminal Indictment Superseding, charging him in Counts One through with Structuring Financial Transactions in violation of Title 31, United States Code, Section Count Four with Tax Evasion in violation of Title 26, United States Code, Section and in Count Five with Making and Subscribing a False Return, Statement, or Other in violation of Title 26, United States Code Section 7206(1). Criminal Indictment Superseding, ECF No. 30; Bench Trial Minutes, ECF No. 116.

This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2), the United States of America shown the requisite nexus between the property set forth in the Forfeiture Allegation and Counts through Three of the Criminal Indictment Superseding to which this Court found Defendant

WOMMER guilty. Criminal Indictment Superseding, ECF No. 30; Bench Trial Minutes, ECF

The following assets aresubject to forfeiture pursuant to Title 31, United States Code, Section 5317(c)(1) and Title 21, United States Code, Section 853(p): an in personam criminal forfeiture money judgment of $75,700.62 in United States Currency, including:

a. $75,700.62 in United States Currency seized from Nevada State Bank Account Number XXXX084, in the name of Angela A. Lambelet.

This Court finds the United States of America is now entitled to, and should, reduce the aforementioned property to the possession of the United States of America.

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America should seize the aforementioned property.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all right, title, and interest of WOMMER in the aforementioned property is forfeited and is vested in the United States of America and shall be safely held by the United States of America until further order of the Court.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States of America shall publish for at least thirty (30) consecutive days on the official internet government forfeiture www.forfeiture.gov, notice of this Order, which shall describe the forfeited property, state under the applicable statute when a petition contesting the forfeiture must be filed, and state name and contact information for the government attorney to be served with the petition, pursuant to Fed. R. Crim. P. 32.2(b)(6) and Title 21, United States Code, Section 853(n)(2).

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a petition, if any, must be filed with the Clerk of the Court, 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a copy of the petition, if any, be served upon the Asset Forfeiture Attorney of the United States Attorney's Office at the address at the time of filing:

Daniel D. Hollingsworth Assistant United States Attorney Lloyd D. George United States Courthouse 333 Las Vegas Boulevard South, Suite 5000 Las Vegas, Nevada 89101.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the notice described herein be published in the event a Declaration of Forfeiture is issued by the appropriate agency publication of notice of seizure and intent to administratively forfeit the above-described

IT IS SO ORDERED

UNITED STATES DISTRICT JUDGE

20130429

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