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United States v. Primero

United States District Court, D. Nevada

July 1, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CAMILO Q. PRIMERO, Defendant.

          FINAL ORDER OF FORFEITURE

          HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT JUDGE.

         The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2); 18 U.S.C. § 982(a)(7); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 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) based upon the plea of guilty by Camilo Q. Primero to the criminal offenses, forfeiting the property and imposing an in personam criminal forfeiture money judgment set forth in the Plea Agreement and the Forfeiture Allegations of the Criminal Indictment and shown by the United States to have the requisite nexus to the offenses to which Camilo Q. Primero pled guilty. Criminal Indictment, ECF No. 1; Change of Plea, ECF No. 122; Plea Agreement, ECF No. 123; Preliminary Order of Forfeiture, ECF No. 124; Amended Preliminary Order of Forfeiture, ECF No. 142.

         This Court finds that the United States may amend this order at any time to add subsequently located property or substitute property to the forfeiture order pursuant to Fed. R. Crim. P. 32.2(b)(2)(C) and 32.2(e).

         The in personam criminal forfeiture money judgment amount of $2, 492, 627.55 complies with Honeycutt v. United States, ___ U.S.___, 137 S.Ct. 1626 (2017).

         This Court finds the United States published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from January 16, 2019, through February 14, 2019, and from March 26, 2019, through April 24, 2019, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication, ECF Nos. 126 and 150.

         This Court finds the United States notified known third parties by personal service or by regular mail and certified mail return receipt requested of their right to petition the Court. Notice of Filing Service of Process - Personal Service, ECF No. 151; Notice of Filing Service of Process - Mailing, ECF No. 152.

         On January 30, 2019, the Federal Bureau of Investigation personally served Aurora S. Beltran, Individually and on Behalf of Angel Eye Hospice as President and Treasurer, with copies of the Preliminary Orders of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF Nos. 151 and 151-1, pgs. 3 and 10-22.

         On January 30, 2019, the Federal Bureau of Investigation personally served Camilo Q. Primero, Individually and on Behalf of Angel Eye Hospice as Director and Secretary, with copies of the Preliminary Orders of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF Nos. 151 and 151-1, pgs. 4 and 10-22.

         On February 4, 2019, the Federal Bureau of Investigation left copies of the Preliminary Orders of Forfeiture and the Notice at the residential front door of Rodrigo N. Jose, Individually and on Behalf of Angel Eye Hospice as Treasurer and CFO, and on February 7, 2019, he acknowledged receipt. Notice of Filing Service of Process - Personal Service, ECF Nos. 151 and 151-1, pgs. 5 and 10-22.

         On February 5, 2019, the Federal Bureau of Investigation personally served Carmela Magtoto, aka Maria Magtoto, Individually and on Behalf of Angel Eye Hospice and as Advent Inc., Director, with copies of the Preliminary Orders of Forfeiture and the Notice through her husband Nathaniel D. Magtoto. Notice of Filing Service of Process - Personal Service, ECF Nos. 151 and 151-1, pgs. 6 and 10-22.

         On February 21, 2019, the Federal Bureau of Investigation left copies of the Preliminary Orders of Forfeiture and the Notice at the residential front door of Sherill A. Mercado, Individually and as Vision Health Care Director, and on March 8, 2019, she acknowledged receipt. Notice of Filing Service of Process - Personal Service, ECF Nos. 151 and 151-1, pgs. 7 and 10-22.

         On February 26, 2019, the Federal Bureau of Investigation personally served Dennis Silva, Individually and on Behalf of Angel Eye Hospice as Managing Member, with copies of the Preliminary Orders of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF Nos. 151 and 151-1, pgs. 8 and 10-22.

         On February 28, 2019, the Federal Bureau of Investigation personally served Ary Ortiz Almaraz, Individually and on Behalf of Angel Eye Hospice as Secretary, with copies of the Preliminary Orders of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF Nos. 151 and 151-1, pgs. 9-22.

         On January 30, 2019, the United States Attorney's Office served Jesus D. Beltran by regular and certified return receipt mail with the Preliminary Orders of Forfeiture and the Notice. Notice of Filing Service of ...


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