USA v. Walker, et al.

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SHAWN N. ANDERSON
United States Attorney
BENJAMIN K. PETERSBURG
Assistant U.S. Attorney
MARIE L. MILLER
Special Assistant U.S. Attorney
Sirena Plaza, Suite 500
108 Hernan Cortez Avenue
Hagåtña, Guam 96910
PHONE: (671) 472-7332
FAX: (671) 472-7215
Attorneys for the United States of America
THE DISTRICT COURT OF GUAM
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JOHN D. WALKER,
aka JON WALKER, and
HANSEN HELICOPTERS, INC.,
Defendants.
CRIMINAL CASE NO. 18-00010
PRELIMINARY ORDER OF
FORFEITURE FOR SUBSTITUTE
ASSETS
Having reviewed the Government’s Motion for a Preliminary Order of Forfeiture for
Substitute Assets,1 in which the government seeks the forfeiture of property of the Defendant John
D. Walker (“Defendant”) in partial satisfaction of the outstanding portion of the forfeiture money
judgments that were imposed as part of the Defendant’s criminal sentence; and
1 Defendant John D. Walker filed a partial opposition to the motion. See ECF No. 2450. He is not contesting the
designation of the PSC Stock and the Outstanding Loan Proceeds as substitute assets, but he is contesting the
forfeiture of the balance in bank account ending 0132. He argues that the bank account does not belong to him. The
court agrees with the Government that Defendant Walker has no standing to contest this issue. And even if he does,
21 U.S.C. § 853(p)(2) does not require a finding of ownership before entering a preliminary order of forfeiture. See
United States v. Gordon, 710 F.3d 1124, 1167 (10th Cir. 2013), quoting Stefan D. Cassella, Asset Forfeiture Law in
the United States (2d ed.), § 22-3 (“[T]he court does not determine that [a] substitute asset belongs to the defendant
when it includes it in the preliminary order of forfeiture; rather, the requirement in § 853(p)(2) that the substitute
asset be ‘property of the defendant’ is satisfied by allowing third parties to contest the forfeiture of the property in
the ancillary proceeding pursuant to § 853(n) and Rule 32.2(c).’”).
Case 1:18-cr-00010 Document 2468 Filed 06/08/26 Page 1 of 5

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Finding that the following property (hereafter the Subject Property) is the property of the
Defendant:
1) 640,000 shares of common stock in Pacific.Spotters Corporation;
2) The balances owed to John D. Walker on four outstanding loans described as follows:
a) the Loan Document executed on June 1, 2020, between John D. Walker and
Cherry Ann Espion for a loan of 26,000,000 Philippine pesos, with an outstanding balance
due of approximately $232,811.45 USD;
b) the Loan Document executed on June 1, 2020, between John D. Walker and
Oswald D. Espion for a loan of 26,000,000 Philippine pesos, with an outstanding balance
due of approximately $232,811.45 USD;
c) the Loan Document executed on June 1, 2020, between John D. Walker and
Antonio S. Padua for a loan of 26,000,000 Philippine pesos, with an outstanding balance
due of approximately $232,811.45 USD; and
d) the Loan Document executed on June 1, 2020, between John D. Walker and
Jeoffrey S. Sarimos for a loan of 26,000,000 Philippine pesos, with an outstanding balance
due of approximately $232,811.45 USD; and
3) 	The 	balance 	in 	bank 	account 	number 	0000057850132 	held 	in 	the 	name 	of
Pacific.Spotters Corporation Security Bank; and
Finding that the value of the Subject Property, in toto, does not exceed the amount that the
Defendant will continue to be liable to pay on the forfeiture money judgments even after being
credited with the proceeds of the sale of the specific assets that were ordered to be forfeited in this
court’s previous orders of forfeiture; and
Finding that the Government has satisfied the criteria set forth in 21 U.S.C. § 853(p)
necessary to support the forfeiture of substitute assets;
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IT IS HEREBY ORDERED THAT:
1. Pursuant to Rule 32.2(e), F.R.Crim.P., the previously entered orders of forfeiture are
amended to include the forfeiture of the Subject Property as substitute assets.
2. To the extent that any of the Subject Property is in the custody Pacific.Spotters
Corporation, a third party to this criminal case, and is located outside of the United States, the
Corporation is directed to repatriate the property to the United States and to the custody of IRS-CI
(“the property custodian”), without prejudice to the Corporation’s right to contest the forfeiture of
any or all of the Subject Property in an ancillary proceeding pursuant to 21 U.S.C. § 853(n) and
Rule 32.2(c).
3. Upon the entry of this Order, in accordance with Rule 32.2(b)(3), the United States is
authorized to seize the Subject Property, and to conduct any discovery that may assist in
identifying, locating or disposing of the Subject Property, any property traceable thereto.
4. With respect to the shares of common stock, the Government, through the property
custodian, shall take steps to determine the fair market value of the forfeited shares and shall
determine the best method for reducing such shares to cash, including determining whether
Pacific.Spotters Corporation may want to reacquire the shares. With the approval of the court, the
sale of the shares of common stock may take place before this order becomes final at the conclusion
of the ancillary proceeding, or as part of the settlement of a claim filed by Pacific.Spotters
Corporation in the ancillary proceeding.
5. With respect to the forfeited loan obligations, the Government, through the property
custodian, is authorized to negotiate and accept a lump sum payment from the debtor that would
satisfy the loan obligation without the Government’s having to monitor and collect loan payments
until the final payments are due in 2030.
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6. Upon entry of this Order, the United States shall publish notice of the order and its intent
to dispose of the Subject Property on the Government’s internet website, www.forfeiture.gov. The
United States shall also provide written notice to any person who reasonably appears to be a
potential claimant with standing to contest the forfeiture in the ancillary proceeding. 	See Rule
32.2(c). The notice must describe the forfeited property, state the times under the applicable statute
when a petition contesting the forfeiture must be filed, and state the name and contact information
for the Government attorney to be served with the petition. See Rule 32.2(b)(6).
7. Any person, other than the above-named defendant, asserting a legal interest in the
Subject Property may, within thirty days of the receipt of notice, or within 60 days of the first
publication of notice on the internet website, whichever is earlier, petition the court for a hearing
without a jury to adjudicate the validity of his or her alleged interest in the Subject Property, and
for an amendment of the order of forfeiture, pursuant to 21 U.S.C. § 853(n) and 28 U.S.C. §
2461(c).
8. Any petition filed 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 Subject Property, the time and circumstances of the
petitioner’s acquisition of the right, title or interest in the Subject Property, any additional facts
supporting the petitioner’s claim and the relief sought.
9. If a petition is filed by a third party, and after the disposition of any motion filed under
Rule 32.2(c)(1)(A) and before a hearing on the petition, the parties may conduct discovery in
accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is
necessary or desirable to resolve factual issues.
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10. The United States shall have clear title to the Subject Property following the court’s
disposition of all third-party interests, or if none, following the expiration of the period provided
in 21 U.S.C. § 853(n)(2) for the filing of third-party petitions.
11. If no third party files a timely claim, this Order shall become the Final Order of
Forfeiture, as provided by Rule 32.2(c)(2).
SO ORDERED.
/s/ Frances M. Tydingco-Gatewood
Chief Judge
Dated:Jun 08, 2026
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