USA v. Kohrt

UNITED STATES DISTRICT COURT ^ ^ 2022
DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION
UNITED STATES OF AMERICA, CR 21-10032
Plaintiff,
PRELIMINARY ORDER
V. OF FORFEITURE
JUSTIN DERICK KOHRT,
Defendant.
Upon motion of the Plaintiff for a preliminary order of forfeiture, the Court
finds:
1. As the result of the guilty plea to the Superseding Information for
which the United States seeks forfeiture pursuant to 18 U.S.C. § 2253, the
Defendant shall forfeit to the United States a Samsung Gala^ cellular phone,
SMSlllDL.
2. The Court has determined, based on the Defendant's Plea
Agreement and Factual Basis Statement, that he has an interest in the above
property, that the property is subject to forfeiture pursuant to 18 U.S.C. § 2253,
and that the United States has established the requisite nexus between such
property and such offenses, and that the above property is property that was
used or intended to be used to commit the offense described in the Indictment
to which the Defendant has pled guilty.
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NOW THEREFORE, IT IS HEREBY ORDERED
1. Upon the entry of this order, the United States is authorized to seize
the above property for forfeiture, whether held by the Defendant or by a third
party, and to conduct any discovery proper in identif3dng, locating or disposing
of the property subject to forfeiture, in accordance with Fed. R. Crim. P.
32.2(b)(3).
2. Upon the entry of this order, and pursuant to Rule 32.2(b)(6) of the
Federal Rules of Criminal Procedure and Rule G(4)(a)(iv)(C) of the Supplemental
Rules for Admiralty and Maritime Cases, the United States shall post to
www.forfeiture.gov, for a period of thirty consecutive days, notice of this order,
notice of the United States' intent to dispose of the property according to law,
and notice that any other person, other than the Defendant, having or claiming
a legal interest in any of the above-listed forfeited property must file a petition
with this court within thirty days of the final publication of notice, or receipt of
actual notice whichever is earlier.
3. Further, 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 Petitioner under penalty of peijury, and shall set forth the
nature and extent of the Petitioner's right, title or interest in the forfeited
property, and any additional facts supporting the Petitioner's claim, and the
relief sought.
4. The United States may also, to the extent practicable, provide direct
written notice to any person known to have alleged an interest in the property
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that is identified, above, as a substitute for published notice as to those persons
so notified.
5. Pursuant to Fed. R. Crim. P. 32.2(c)(2), if no third party files a timely
petition, this preliminary order becomes the final order of forfeiture.
Date:
BY THE COURT:
CHARLES B. KORNMANN
UNITED STATES DISTRICT JUDGE
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