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United States v. Oliveira Santos

United States District Court, D. Nevada

June 13, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LEONARDO AUGUSTO OLIVEIRA SANTOS, a/k/a "Leonardo Santos, " a/k/a "Black Leo, " Defendant.

          PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Leonardo Augusto Oliveira Santos, a/k/a "Leonardo Santos, " a/k/a "Black Leo, " pled guilty to Counts One and Two of a Forty-Seven Count Criminal Indictment charging him in Count One with Conspiracy to Commit Fraud and Related Activity in Connection with Access Devices in violation of Title 18, United States Code, Sections 371, 1028A(a)(1), 1029(a)(1), (a)(2), (a)(3), (a)(4), 1029(b)(2), 1546(a), 1956(a)(1)(A)(i), 1956(a)(1)(B)(i), and 1956(h) and in Count Two with Use or Trafficking in Unauthorized Access Device in violation of Title 18, United States Code, Section 1029(a)(2). Criminal Indictment, ECF No. __; Change of Plea, ECF 201; Plea Agreement, ECF 202.

         This Court finds defendant Leonardo Augusto Oliveira Santos, a/k/a "Leonardo Santos, " a/k/a "Black Leo, " agreed to the forfeiture of the property and the imposition of the in personam criminal forfeiture money judgments set forth in the Plea Agreement, the Bill of Particulars, and the Forfeiture Allegations of the Criminal Indictment. Criminal Indictment, ECF No. 1; Bill of Particulars, ECF No.; Change of Plea, ECF 201 Plea Agreement, ECF 202.

         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, the Bill of Particulars, and the Forfeiture Allegations of the Criminal Indictment and the offenses to which defendant Leonardo Augusto Oliveira Santos, a/k/a "Leonardo Santos, " a/k/a "Black Leo, " pled guilty.

         The following property and money judgments are (1) any personal property used or intended to be used to commit the violations of Title 18, United States Code, Section 1029(a)(1), (a)(2), (a)(3), (a)(4), and 1029(b)(2); (2) any property, real or personal, involved in violations of Title 18, United States Code, Section 1956(a)(1)(A)(i) and (a)(1)(B)(i) and Title 18, United States Code, Section 1956(h), or any property traceable to such property; (3) any property constituting, or derived from, proceeds obtained directly or indirectly, as the result of violations of Title 18, United States Code, Section 1029(a)(1), (a)(2), (a)(3), and (a)(4) or Title 18, United States Code, Section 1029(b)(2), conspiracy to violate; (4) any property, real or personal, involved in transactions or attempted transactions in violation of Title 18, United States Code, Section 1956(a)(1)(A)(i) and (a)(1)(B)(i) and Title 18, United States Code, Section 1956(h), or any property traceable to such property; (5) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 18, United States Code, Section 1029(a)(1), (a)(2), (a)(3), and (a)(4), or Title 18, United States Code, Sections 1546(a) and 1956(a)(1)(A)(i) and (a)(1)(B)(i), specified unlawful activities as defined in Title 18, United States Code, Sections 1956(c)(7)(A) and 1961(1)(B), or Title 18, United States Code, Sections 371, 1029(b)(2), or 1956(h), conspiracy to commit such offenses; (6) any property real or personal that constitutes, or is derived from or is traceable to the proceeds obtained directly or indirectly from the commission of Title 18, United States Code, Section 1546(a) or Title 18, United States Code, Section 371, conspiracy to violate; and (7) any property real or personal that is used to facilitate, or is intended to be used to facilitate, the commission of Title 18, United States Code, Section 1546(a) or Title 18, United States Code, Section 371, conspiracy to violate, and are subject to forfeiture pursuant to Title 18, United States Code, Section 1029(c)(1)(C) with (c)(2); Title 18, United States Code, Section 982(a)(1) and 982(a)(2)(B); Title 18, United States Code, Section 981(a)(1)(A) and 981(a)(1)(C) with Title 28, United States Code, Section 2461(c); Title 18, United States Code, Section 982(a)(6)(A)(ii)(I) with 982(a)(6)(B); Title 18, United States Code, Section 982(a)(6)(A)(ii)(II) with 982(a)(6)(B); and Title 21, United States Code, Section 853(p).

1. a computer with credit card fabricating software installed;
2. a card scanner/encoder;
3. a Fargo thermal dye printer;
4. an embossing machine;
5. a foil tipping machine;
6. blank card stock;
7. an embossing machine;
8. components and printer rollers for Fargo thermal dye printers;
9. a card slot reading device;
10. a purported American Express credit card ending in 35013 and in the name "Andre Rodrigues" and any and all funds contained therein;
11. a purported Caixa Economica Federal Visa credit card ending in 0397 and in the name of "Bruno Santos" and any and all funds contained therein;
12. a purported American Express card ending 11005 and in the name of "Bruno Santos" and any and all funds ...

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