HomeMy WebLinkAbout955015Case mm 00009 -TCK Document 116 F` USDC ND /OK on 07/29/2010 ..e...,_ 1 of 3
UNITED STATES DISTRICT COURT FOR THJ
NORTHERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
Plaintiff,
v.
RECEIVED 8/20/2010 at 9:44 AM
RECEIVING 955015
BOOK: 752 PAGE: 350
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Rev
ALBERT S. MARTINEZ; CASE NUMBER: 09 -CR- 00009 -TCK
ALBERT S. MARTINEZ; CASE NUMBER: 09 -CR- 00010 -TCK
ALBERT S. MARTINEZ; CASE NUMBER: 09 -CR- 00011 -TCK
Defendant.
FINAL ORDER FOR FORFEITURE OF REAL PROPERTY
Before the Court is plaintiffs Motion for a Final Order for Forfeiture of Real Property.
(Case No. 09 -CR -09 -TCK, Dkt. #115; 09 -CR -010 -TCK, Dkt. 74; and 09 -CR -011 -TCK,
Dkt. #71) The United States requests that the Court enter a final order for forfeiture,
declaring Lot 46 of Star Valley Ranch Plat 18, Lincoln County, Wyoming, as described on
the official plat thereof (the "real property forfeited as to all parties and vesting full right,
title and interest in the real property to the United States. For good cause shown, the Court
finds the motion should be and is hereby granted.
On August 28, 2009, pursuant to the plea agreement (Case No. 09 -CR- 009 -TCK, Dkt.
45; Case No. 09 -CR- 010 -TCK, Dkt. 38; Case No. 09 -CR- 011 -TCK, Dkt. 34) and
consent and stipulation for criminal forfeiture money judgment and preliminary order for
forfeiture of property (Case No. 09 -CR- 009 -TCK, Dkt. 40; Case No. 09 -CR- 010 -TCK,
Dkt. 33; Case No. 09 -CR -011 -TCK, Dkt. 29), the defendant Albert S. Martinez agreed
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Case 4:09 -cr- 00009 -TCK Document 116 Filed in USDC ND /OK on 07/29/2010 Page 2 of 3
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to the entry of a criminal forfeiture money judgment in the amount of $124,000 since such
sum represents proceeds he obtained as a result of his participation in the conspiracies and
procurement fraud, after deducting the value of the properties the defendant Martinez has
forfeited and has agreed to forfeit, in the amount of $217,000. As part of the consent and
stipulation, the defendant Martinez agreed and stipulated to the forfeiture of the real property.
On January 8, 2010, the Court entered a consent order for criminal forfeiture money
judgment and preliminary order for forfeiture of real property. (Dkt. 69) A criminal
forfeiture money judgment in the amount of $124,000 was entered against the defendant
Martinez. The Court further ordered forfeiture of all the right, title and interest of the
defendant Martinez in and to the real property.
Notice of the forfeiture of the real property was published on an official government
internet site, beginning January 23, 2010 through February 21, 2010, notifying all third
parties of their right to petition the Court within thirty (30) days of the final publication for
a hearing to adjudicate the validity of their alleged legal interest in the forfeited real property.
It appears from the record that no petitions, contested or otherwise, have been filed
for the real property described in the consent order for criminal forfeiture money judgment
and preliminary order for forfeiture of real property.
The Court finds that the defendant Martinez had an interest in the real property that
is subject to forfeiture pursuant to Fed. R. Crim. P. 32.2(c)(2), 18 U.S.C. 981(a)(1)(C) and
28 U.S.C. §2461(c).
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Case t" 00009 -TCK Document 116 F" "USDC ND /OK on 07/29/2010 3 of 3
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, pursuant to Fed.
R. Crim. P. 32.2(c)(2), 18 U.S .C. 981(a)(1)(C) and28 U.S.C. 2461(c), the Motion of the
United States for a Final Order for Forfeiture of Real Property (Case No. 09 -CR -09 -TCK,
Dkt. #115; 09-CR-010-TCK, Dkt. 74; and 09 -CR- 011 -TCK, Dkt. #71) is granted and the
real property, Lot 46 of Star Valley Ranch Plat 18, Lincoln County, Wyoming, as described
on the official plat thereof, is hereby forfeited to the United States.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all right, title
and interest in the real property are hereby condemned, forfeited and vested in the United
States.
DATED this 29th day of July, 2010.
SUBMITTED BY:
CATHERINE J. DEPEW, OBA #3836
Assistant United States Attorney
110 West Seventh Street, Suite 300
Tulsa, OK 74119
Telephone: 918.3 82.2700
Facsimile: 918.560.7939
Catherine.Depew@usdoj.gov
TERENCE C. KERN
United States District Judge
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