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United States v. Sladek

United States District Court, D. Nevada

May 9, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SEAN CHRISTOPHER SLADEK, Defendant

          PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Sean Christopher Sladek pled guilty to Count One of a Four-Count Criminal Indictment charging him in Count One with Wire Fraud in violation of Title 18, United States Code, Section 1343. Criminal Indictment, ECF No. 15; Change of Plea, ECF No.; Plea Agreement, ECF No. .

         This Court finds defendant Sean Christopher Sladek agreed to the forfeiture of the property and the imposition of the in personam criminal forfeiture money judgment set forth in the Plea Agreement and the Forfeiture Allegation of the Criminal Indictment. Criminal Indictment, ECF No. 15; Change of Plea, ECF No.; Plea Agreement, ECF No..

         This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2), the United States of America has shown the requisite nexus between property set forth in the Plea Agreement and the Forfeiture Allegation of the Criminal Indictment and the offense to which defendant Sean Christopher Sladek pled guilty.

         The following property and money judgment are any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Section 1343, a specified unlawful activity as defined in Title 18, United States Code, Sections 1956(c)(7)(A) and 1961(1)(B), or a conspiracy to commit such offense, and are subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(1)(C) with Title 28, United States Code, Section 2461(c) and Title 21, United States Code, Section 853(p):

1. 2010 Black Audi S5, 2 door, Vehicle Identification Number: WAUCVAFR4AA040181, Nevada License Plate No. LVW9K0, registered Owner is Sean C. Sladek, and registered at 1172 Via Petrin, Henderson, Nevada, 89052; and
2. $2, 206.07

         (all of which constitutes property)

         and an in personam criminal forfeiture money judgment of $2, 638, 143.26, and that the property will be applied toward the payment of the money judgment.

         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 that the United States recover from Sean Christopher Sladek an in personam criminal forfeiture money judgment of $2, 638, 143.26.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all right, title, and interest of Sean Christopher Sladek 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 website, www.forfeiture.gov, notice of this Order, which shall describe the forfeited property, state the time under the applicable statute when a petition contesting the forfeiture must be filed, and state the 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 that any individual or entity who claims an interest in the aforementioned property must file a petition for a hearing to adjudicate the validity of the petitioner's alleged interest in the property, which petition shall be signed by the petitioner under penalty of perjury pursuant to Title 21, United States Code, Section 853(n)(3) and Title 28, United States Code, Section 1746, and shall set forth the nature and extent of the petitioner's ...


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