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United States v. Sladek

United States District Court, D. Nevada

May 12, 2017

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

         United States Unopposed Motion for an Interlocutory Order of Sale of the Property and Order

          STEVEN W. MYHRE Acting United States Attorney

          DANIEL D. HOLLINGSWORTH Assistant United States Attorney

          ORDER

         The United States respectfully moves this Court for an Order for an Interlocutory Sale of the following property listed in the Preliminary Order of Forfeiture (ECF No. 52): 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 (property).

         Through the Interlocutory Order of Sale, the United States requests this Court to authorize the United States Marshals Service (USMS) to sell the property through one of its approved methods.

         The grounds for issuing the Order for an Interlocutory Sale are: (1) Sean Christopher Sladek through his counsel, Richard Wright, agrees to the interlocutory sale; (2) the property is at risk for further deterioration or decay; (3) the expenses of keeping the property will take away from the amounts that can be paid to victims; and (4) this Court is authorized to approve interlocutory sales.

         This Motion is made and is based on the papers and pleadings on file herein and the attached Memorandum of Points and Authorities.

         MEMORANDUM OF POINTS AND AUTHORITIES

          I. STATEMENT OF THE CASE

         A. Procedural History

         On April 13, 2016, the Grand Jury returned a Four-Count Criminal Indictment (Indictment) charging Sean Christopher Sladek (Sladek) in Counts One and Two with Wire Fraud in violation of 18 U.S.C. § 1343; Counts Three and Four with Money Laundering in violation of 18 U.S.C. § 1957; and alleged forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A) and 981(a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. § 982(a)(1); and 21 U.S.C. § 853(p). Indictment, ECF No. 15.

         On May 10, 2017, Sladek pled guilty to Count One of Wire Fraud and the district court issued a Preliminary Order of Forfeiture (ECF No. 52) requiring Sladek to pay a criminal forfeiture money judgment of $2, 638, 143.26 and forfeit the 2010 Black Audi S5 and $2, 206.07. Plea Agreement, ECF No. 51; Change of Plea Minutes, ECF No. 50.

         Sentencing is scheduled for August 14, 2017 (ECF No. 50).

         B. ...


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