USA v. Walston

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
WILLIAM BENJAMIN WALSTON,
Defendant. Case No. 3:23-cr-00071-SLG-KFR
PRELIMINARY ORDER OF FORFEITURE
Pursuant to Federal 	Rule of 	Criminal 	Procedure 32.2(b)(2), based 	on
defendant’s guilty plea and admission to forfeiture, the Court GRANTS the Motion
for Preliminary Order of Forfeiture (Docket 36), and finds as follows:
The 	following 	property 	constitutes 	any 	proceeds 	obtained 	directly 	or
indirectly, as a result of such offense and any property used, or intended to be
used, in any manner or part, to commit, or to facilitate the commission of the
offense of conviction pursuant to 21 U.S.C. § 841, and therefore defendant’s
interest, if any, in the following property is subject to forfeiture, pursuant to 21
U.S.C. §§ 853(a)(1) & (2), and 28 U.S.C. § 2461(c), including without limitation:
1. $4,000.00 in U.S. Currency
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED and DECREED as
follows:
The above-listed property is hereby condemned and forfeited to the United
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Preliminary Order of Forfeiture
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States of America pursuant to 21 U.S.C. §§ 853(a)(1) & (2), and 28 U.S.C. §
2461(c), and defendant shall forthwith forfeit all right, title and interest, if any, in the
above-listed property.
Pursuant to Federal Rule of Criminal Procedure 32.2(b)(3), the U.S. Marshal
and/or 	the 	Bureau 	of 	Alcohol, 	Tobacco, 	Firearms 	and 	Explosives 	(ATF) 	is
authorized to seize and take possession of the aforementioned property and hold
such in its secure custody and control until further order of this Court, may conduct
any discovery the Court considers proper in identifying, locating, or disposing of
said property; and to commence proceedings that comply with any statutes
governing third-party rights.
Pursuant to 21 U.S.C. § 853(n), the United States Attorney’s Office shall
publish notice of this Preliminary Order of Forfeiture and of the United States’ intent
to dispose of the property in such manner as the Attorney General may direct. The
notice 	shall 	be 	published 	on 	the 	official 	government 	forfeiture 	website,
www.forfeiture.gov, for at least 30 consecutive days. The notice shall state that
any person, other than the defendant, having or claiming a legal interest in the
above-listed forfeited property must file a petition with the Court within 60 days
from the first publication of notice or 30 days of receipt of actual notice, whichever
is earlier.
The notice shall state that the petition shall be for a hearing to adjudicate the
validity of the petitioner’s alleged interest in the property, shall be signed by the
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Preliminary Order of Forfeiture
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petitioner under penalty of perjury, and shall set forth the nature and extent of the
petitioner’s right, title, or interest in the forfeited property. The petition shall also
set forth any additional facts supporting the petitioner’s claim and the relief sought.
The United States may also, to the extent practicable, provide direct written
notice as substitute for published notice to any person known to have alleged an
interest in the property that is the subject of this Preliminary Order of Forfeiture.
Upon adjudication of all third-party interests, this Court shall enter a final order of
forfeiture in which all interests will be addressed.
DATED this 8th day of March 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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