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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The court has before it the government's motion re: forfeiture (doc. 950). We are in receipt of the government's memorandum re: forfeiture hearing , the declaration of Michael D. Nordwall, the defendant Jammal's response to the government's memorandum re: forfeiture hearing, the defendant Daly's response to government's memorandum re: forfeiture hearing, the government's reply in support of motion seeking forfeiture, and the government's supplemental memorandum regarding money judgments and tracing. The evidence before the court consisted of the evidence already in the record from trial, and the declaration of Michael D. Nordwall. The defendants offered no separate evidence. The defendants argue that the government has failed to show with specificity any relationship between the money judgment it seeks and stolen infant formula . In addition, the defendant Daly argues that he was just a shoplifter and it was not reasonably foreseeable
Case 2:03-cr-00261-FJM Document 1069 Filed 09/29/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. SAMIH JAMAL, MAMOUN AL-JAMMAL, IBRAHIM ELRAWY, MOUNIR DALY, Defendants.

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CR 03-261-PHX-FJM ORDER

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that he would appreciate the full scale of the conspiracy in which Jamal, Al-Jammal, and Elrawy were principals. The government's reply memorandum and the government's supplemental memorandum regarding money judgments and tracing show that the government need not trace specific property to offenses. In this case, that would be impossible. Based upon the jury verdicts at trial, and the declaration of Michael D. Nordwall submitted post-trial, I find that as to specific property, the government has established the requisite nexus between the property and the offense within the meaning of Rule 32.2(b)(1), Fed. R. Crim. P. And with respect to the personal money judgment sought, I find by a preponderance of the evidence that crime permeated every aspect of the defendants' businesses. It is not possible to determine with accounting accuracy the total amount of proceeds. It is for that reason that the government seeks the much lesser amount of $2.6 million. In light of all of the evidence, this is a fair sum as to the defendants Jamal, Al-Jammal, and Elrawy. This sum and more were reasonably foreseeable for each of them. On the other hand, Daly was a shoplifter and a minor participant. In contrast to the other three, he neither owned nor ran a business. IT IS THEREFORE ORDERED as follows. The government's motion re: forfeiture is GRANTED (doc. 950) in its entirety against the defendants Jamal, Al-Jammal, and Elrawy. Counsel for the government will lodge with the court an appropriate form of preliminary order of forfeiture. The government's motion for forfeiture as to the defendant Daly is taken under advisement and will be considered at the time of sentencing. DATED this 27th day of September, 2005.

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