Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona LISA ROBERTS Assistant U.S. Attorney Member of New York Bar Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-378-PHX-SRB Plaintiff, v. Scott Segal, Defendant. Plaintiff, United States of America, by its undersigned counsel, respectfully submits its Motion for a Final Order of Forfeiture in the above-styled case for the following reasons: 1. On August 15, 2005, this Court entered a Judgment in a Criminal Case, sentencing MOTION FOR FINAL ORDER OF FORFEITURE

defendant Scott Segal and ordering the forfeiture of personal property, based upon the jury verdict of guilty on Counts 1 and 2 of the Superseding Indictment, charging the defendant with violations of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and 18 U.S.C. §§ 842(i)(1) and 844(a)(1), Felon in Possession of Firearms and Ammunition, and Felon in Possession of Explosive Materials. 2. The jury also determined that the United States established the requisite nexus

between the property to be forfeited and the offenses committed by the defendant. 3. By virtue of the guilty verdict and the jury's finding of the requisite nexus between

the property described in attached Exhibit "A" and the offenses committed by the defendant, this Court entered a Preliminary Order of Forfeiture regarding the property, on May 13, 2005. 4. By virtue of the evidence presented at the criminal trial, the United States has

established that the defendant, Scott Segal has an interest in the property subject to forfeiture.

Case 2:04-cr-00378-SRB

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5.

The August 18, 2005, Judgment in a Criminal Case forfeited to the United States

the defendant's interest in the property more specifically described in attached Exhibit "A" pursuant to 18 U.S.C. §§844(c), 924(d), and 28 U.S.C. § 2461. 6. Pursuant to 21 U.S.C. § 853(n), third parties asserting a legal interest in the above-

described forfeited property are entitled to a judicial determination of the validity of the legal claims or interests they assert. 7. Pursuant to General Order #98-15, the United Marshal Service published

notification of the Court's May 13, 2005, Preliminary Order and Notice of Ancillary Proceeding in the Arizona Business Gazette on June 23, 30, and July 7, 2005. The Affidavit of Publication for the Arizona Business Gazette was filed on August 2, 2005. 8. Said published notice advised all third parties of their right to petition the court

within thirty (30) days of the publication date for a hearing to adjudicate the validity of their alleged legal interest 9. Additionally, notice was also sent to defendant's mother, Miriam Ruth Segal, on

May 24, 2005, through her attorney, Bruce Blumberg. 10. No third party, has made any claims to, or declared any interest in, the above-

described forfeited property, and the time allowed has expired. /// /// /// /// /// /// /// /// /// ///
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WHEREFORE, the United States moves this Court for a Final Order of Forfeiture declaring the property forfeited as to all parties and vesting full right, title and interest in the property in the United States and directing the United States Marshals Service to dispose of the property according to law. DATED this 11th day of October, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona s/Lisa Roberts

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LISA ROBERTS Assistant U.S. Attorney

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S/Lisa Roberts Lisa Roberts

CERTIFICATE OF SERVICE
T
I hereby certify that on October 11, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Douglas Andrew Passon, Esq. Federal Public Defender's Office 850 W. Adams Street, Suite 201 Phoenix, AZ 85007

I hereby certify that on , I served the attached document by U.S. Mail on the following, who are not registered participants of the CM/ECF System:

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