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United States v. Schaible

United States District Court, D. Nevada

July 6, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KELLY LUANNE SCHAIBLE, AKA KELLY REED, AKA HEATHER LANE, Defendant.

          ORDER

         Preliminary Order of Forfeiture This Court finds that defendant Kelly Luanne Schaible, aka: Kelly Reed, aka: Heather Lane, pled guilty to Counts Three and Twenty-One of a Twenty-Five-Count Indictment charging her in Count Three with Wire Fraud in violation of Title 18, United States Code, Section 1343 and in Count Twenty-One with Introduction of Misbranded Medical Devices Into Interstate Commerce in violation of Title 21, United States Code, Sections 331(a). Indictment, ECF No. 1; Change of Plea, ECF No.; Plea Agreement, ECF No. __.

         This Court finds defendant Kelly Luanne Schaible, aka: Kelly Reed, aka: Heather Lane, agreed to the forfeiture of the property set forth in the Plea Agreement and the Forfeiture Allegations of the Indictment. Indictment, ECF No. 1; 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 Allegations of the Indictment and the offenses to which defendant Kelly Luanne Schaible, aka: Kelly Reed, aka: Heather Lane, pled guilty.

         The following property is (1) 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; (2) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 21, United States Code, Section 331(a), a specified unlawful activity as defined in Title 18, United States Code, Section 1956(c)(7)(F), involving a Federal health care offense as defined in Title 18, United States Code, Section 24, or a conspiracy to commit such offense; (3) property, real or personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the commission of Title 18, United States Code, Section 1343 and Title 21, United States Code, Section 331(a), Federal health care offenses as defined in Title 18, United States Code, Section 24; and (4) any drug that is a counterfeit drug, any container of a counterfeit drug, any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs, any adulterated or misbranded device, and any adulterated or misbranded tobacco product, as the result of violations of Title 21, United States Code, Section 331(a), and is subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(1)(C) with Title 28, United States Code, Section 2461(c); Title 18, United States Code, Section 982(a)(7); Title 21, United States Code, Section 334(a)(2) with Title 28, United States Code, Section 2461(c); and Title 21, United States Code, Section 853(p):

1. 1998 Baja Boat and Trailer, Serial No. AGC56001E798;
2. 2007 Lexus Model GX 470, VIN: JTJBT20XX70146356;
3. $614.52;
4. $448.09;
5. $34, 646.88;
6. $14, 240;
7. HP Computer, serial number CNF00833BX;
8. HP "All in One", serial number 3CR9380CR3;
9. iPhone;
10. Cooler box containing Botulinum ...

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