United States District Court, D. Nevada
G. BOGDEN United States Attorney.
RICHARD M. BARNETT Counsel for TRNSX.NET LLC.
W. MYHRE Acting United States Attorney, DANIEL D.
HOLLINGSWORTH Assistant United States Attorney Counsel for
STIPULATION FOR RETURN OF PROPERTY AND ORDER
United States of America, by and through its undersigned
counsel, hereby stipulates with TRNSX.NET LLC as follows:
September 11, 2012, Michael A. Fels (Fels) pled guilty to a
violation of Title 21, United States Code, Section 331(k),
Misbranding While Held for Sale and agreed to the forfeiture
of property named in the Plea Agreement and the Forfeiture
Allegation of the Criminal Information. Criminal Information,
ECF No. 7, Change of Plea, ECF No.; Plea Agreement, ECF No.
September 20, 2012, the Court entered the Preliminary Order
of Forfeiture (ECF No. 13), in which Fels forfeited to the
United States property that was referenced in the Plea
Agreement and the Forfeiture Allegation of the Criminal
Information pursuant to Title 18, United States Code, Section
December 19, 2012, the Court sentenced Fels and on December
26, 2012, entered the Judgment in a Criminal Case (JNC) with
the Preliminary Order of Forfeiture attached (ECF No. 16).
$293, 240.36 (property) was forfeited to the United States of
America in the Preliminary Order of Forfeiture (ECF No. 13)
attached to the JNC (ECF No. 16).
potential petitioners were served and the notice was
published (ECF Nos. 20, 24, and 32). TRNSX.NET LLC filed a
Petition for Ancillary Hearing (ECF Nos. 25 and 27).
TRNSX.NET LLC knowingly and voluntarily agrees to waive the
statute of limitations, the CAFRA requirements, Fed. R. Crim.
P. 7, 11, and 32.2, the constitutional requirements, and the
constitutional due process requirements of any abandonment
proceeding or any forfeiture proceeding concerning the
TRNSX.NET LLC knowingly and voluntarily agrees to waive (a)
all constitutional, legal, and equitable defenses to, (b) any
constitutional or statutory double jeopardy defense or claim
concerning, and (c) any claim or defense under the Eighth
Amendment to the United States Constitution, including, but
not limited to, any claim or defense of excessive find in any
proceedings concerning the property.
TRNSX.NET LLC knowingly and voluntarily agrees to the entry
of an Order of Forfeiture of the property to the United
TRNSX.NET LLC waives the right to appeal any Order of
TRNSX.NET LLC knowingly and voluntarily agrees to the
conditions set forth in this Stipulation of Return ...