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United States v. Leavitt

United States District Court, D. Nevada

October 1, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
FREDERICK J. LEAVITT, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT JUDGE.

         This Court finds Frederick J. Leavitt pled guilty to Counts One and Two of a Two-Count Superseding Criminal Information charging him in Count One with honest services fraud conspiracy in violation of 18 U.S.C. §§ 1343, 1346, and 1349. Superseding Criminal Information, ECF No. ___; Change of Plea, ECF No. ___; Plea Agreement, ECF No. ___.

         This Court finds Frederick J. Leavitt agreed to the forfeiture of the property and the imposition of the in personam criminal forfeiture money judgment set forth in the Plea Agreement and the Forfeiture Allegation of the Superseding Criminal Information. Superseding Criminal Information, ECF No. ___; 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 Allegation of the Superseding Criminal Information and the offense to which Frederick J. Leavitt pled guilty.

         The following property and money judgment are any property, real or personal, which constitutes or is derived from proceeds traceable to a violation of 18 U.S.C. § 1343, a specified unlawful activity as defined in 18 U.S.C. §§ 1956(c)(7)(A) and 1961(1)(B), or 18 U.S.C. § 1349, conspiracy to commit such offense, and are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c):

1. $87, 500; and
2. $62, 225 in lieu of 2016 Grey Mercedes Benz CLS 63 AMG S-Model, Nevada License Plate NV5536, VIN WDDLJ7GB5GA159973, Registered To Fredrick Joseph Leavitt Or Tracey Lynn Leavitt

         (all of which constitutes property)

         and an in personam criminal forfeiture money judgment of $201, 250, not to be held jointly and severally liable with any codefendants, the collected money judgment amount between the codefendants is not to exceed $875, 000, and that the property will be applied toward the payment of the money judgment.

         This Court finds that the United States of America 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 complies with Honeycutt v. United States, ___U.S.___, 137 S.Ct. 1626 (2017).

         This Court finds the United States of America is now entitled to, and should, reduce the aforementioned property to the possession of the United States of America.

         NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND" DECREED that the United States of America should seize the aforementioned property.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States of America recover from Frederick J. Leavitt an in personam ...


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