Free Order on Motion for Preliminary Order of Forfeiture - District Court of Delaware - Delaware

Case 1 :08-cr-00001-GIVIS Document 25 Filed 07/22/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintif@
v. Criminal Action No. 08-01-GMS
ANTHONY J. LOF INK,
Defendant.
PRELIMINARY ORDER OF FORFEIT
WHEREAS, on February 5, 2008, the defendant Anthony J .. Lotink entered a plea of
guilty to a Three-Count Felony Information where he agreed to the entry of a money judgment in
the amount of $l,245,247.53; and
WHEREAS, the United States has filed a Motion for Entry of a Preliminary Order of
Forfeiture which would consist of a personal money judgment against the defendant in the
amount of $l,245,247.53; and
WHEREAS, The Court has determined, based on defendant’s plea agreement, that the
following property is subject to forfeiture pursuant to 18 U.S.C. § 98I(a)(l)(C) and 28 U.S.C. §
246l(c), that the defendant had an interest in such property, and that the government has
established the requisite nexus between such property and such offenses:
(1) $22,300.00 in United States currency;
(2) One sterling silver diamond cuff bracelet, David Yunnan design;
(3) One sterling silver diamond and onyx pendant, David Yunnan design; l
(4) One sterling silver rhodolite garnet and diamond pendant, David Yunnan design;
(5) One sterling silver rhodolite garnet and diamond ring, David Yurman design;

Case 1 :08-cr—00001-GIVIS Document 25 Filed 07/22/2008 Page 2 of 4
(6) One sterling silver blue topaz necklace; and
(7) One stainless steel ladies’ wristwatch, David Yurman design.
(collectively, "Subject Property")
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED this
M A
]_’_lf__ day of J ff jlf , 2008 that:
l. The Defendant shall forfeit to the United States the sum of $l,245,247.53
pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. §246l(c);
2. Defendant shall also forfeit any property, real or personal, which constitutes or is
derived from proceeds traceable to the offenses for which he has been convicted, which property
has not yet been identified or located;
3. Upon the entry of this Order, the Attorney General or a designee is authorized
to seize the Subject Property, whether held by the defendant or by at third party, and to conduct
any discovery proper in identifying, locating or disposing of the property subject to forfeiture, in
accordance with Fed. R. Crim. P. 32.2(b)(3):
(l) $22,3 00.00 in United States currency;
(2) One sterling silver diamond cuff bracelet, David Yurman design;
(3) One sterling silver diamond and onyx pendant, David Yurman design;
(4) One sterling silver rhodolite garnet and diamond pendant, David Yurman design;
(5) One sterling silver rhodolite garnet and diamond ring, David Yurman design;
(6) One sterling silver blue topaz necklace; and
(7) One stainless steel ladies’ wristwatch, David Yunnan design.
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Case 1 :08-cr-00001-GIVIS Document 25 Filed 07/22/2008 Page 3 of 4
4. Upon entry of this Order, the Attorney General or a designee is authorized to
commence any applicable proceeding to comply with statutes goveming third party rights,
including giving notice of this Order.
5. The United States shall publish notice ofthe order and its intent to dispose of the
property in such a manner as the Attorney General or a designee may direct. The United States
may also, to the extent practicable, provide written notice to any person lcnown to have an alleged
interest in the Subj ect Property.
6. Any person, other than the above named defendant, asserting a legal interest in the
Subject Property may, thirty days of the final publication of notice or receipt of notice,
whichever is earlier, petition the court for a hearing without a jury to adj udicate the validity of his
alleged interest in the Subj ect Property, and for an amendment of the order of forfeiture, pursuant
to18 U.S.C. § 982(b)(1).
7. Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Preliminary Order of Forfeiture shall
become final as to the defendant at the time of sentencing and shall be made part ofthe sentence
and included in the judgment. If no third party tiles a timely claim, this Order shall become the
Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2).
8. Any petition tiled by a third party asserting an interest in the Subject Property
shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent
of the petitioner’s right, title, or interest in the Subj ect Property, the time and circumstances of
the petitioner’s acquisition ofthe right, title or interest in the Subj ect Property, any additional
facts supporting the petitioner’s claim and the relief sought.
9. After the disposition of any motion tiled under Fed. R. Crim. P. 32.2(c)(1)(A) and
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before a hearing on the petition, discovery may be conducted in accordance with the Federal
Rules of Civil Procedure upon a showing that such discovery is necessary or desirable to resolve
T factual issues.
10. The United States shall have clear title to the Subj ect Property following the
Court’s disposition of all third-party interests, or, if none, following the expiration of the period
provided in 18 U.S.C. § 982(b) for the tiling of third party petitions:.
ll. The United States District Court shall retain jurisdiction in the case for the
purpose of enforcing this Order; and
12. The United States may, at any time, move pursuant to Rule 32.2(e) to amend this
Preliminary Order of F orfeiture to substitute property having a value not to exceed
$l,245,247.53 to satisfy the money judgment in whole or in part.

I f %{ or
V \· /
HO • • · F E GREGORY M. SLEET
UNI " D STATES DISTRICT JUDGE
F I L E D
I JUL 2 2 2008 l
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