Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Fels

United States District Court, D. Nevada

May 19, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL A. FELS, Defendant.

          DANIEL G. BOGDEN United States Attorney.

          RICHARD M. BARNETT Counsel for TRNSX.NET LLC.

          STEVEN W. MYHRE Acting United States Attorney, DANIEL D. HOLLINGSWORTH Assistant United States Attorney Counsel for United States.

          STIPULATION FOR RETURN OF PROPERTY AND ORDER

         The United States of America, by and through its undersigned counsel, hereby stipulates with TRNSX.NET LLC as follows:

         1. On 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. 9.

         2. On 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 982(a)(7).

         3. On 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).

         4. The $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).

         5. The 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).

         6. 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 property.

         7. 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.

         8. TRNSX.NET LLC knowingly and voluntarily agrees to the entry of an Order of Forfeiture of the property to the United States.

         9. TRNSX.NET LLC waives the right to appeal any Order of Forfeiture.

         10. TRNSX.NET LLC knowingly and voluntarily agrees to the conditions set forth in this Stipulation of Return ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.