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United States v. Bradley

United States District Court, M.D. Tennessee, Nashville Division

August 20, 2019

UNITED STATES OF AMERICA,
v.
BENJAMIN EDWARD HENRY BRADLEY

          ORDER OF FORFEITURE CONSISTING OF MONEY JUDGMENT AND PRELIMINARY ORDER OF FORFEITURE

          ALETA A. TRAUGER UNITED STATES DISTRICT JUDGE

         Following a reversal and remand by the Sixth Circuit Court of Appeals, still pending are the United States' Motion for Entry of a Preliminary Order of Forfeiture (Doc. No. 858) and Motion for an Order of Forfeiture of at Least a $1, 000, 000 United States Currency Money Judgment (Doc. No. 861).

         For the reasons set forth in the accompanying Memorandum, the United States' motions (Doc. Nos. 858, 861) are GRANTED, and the court ORDERS as follows:

         1. A preponderance of the evidence establishes that, during the course of the drug- distribution conspiracy to which the defendant pleaded guilty, the defendant personally obtained at least $1, 000, 000 in proceeds from that conspiracy. The court therefore ORDERS that a Forfeiture Consisting of a Money Judgment in the amount of $1, 000, 000 United States Currency (“Money Judgment”) is HEREBY TAKEN against defendant Benjamin Bradley. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order of Forfeiture Consisting of a Money Judgment shall become immediately final as to the defendant upon entry and shall be made part of the sentence and included in the Judgment. Pursuant to Rule 32.2(c)(1), “no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment.”

         2. If some portion of the $1, 000, 000 obtained by the defendant as a result of his participation in the conspiracy either cannot be located upon the exercise of due diligence, has been transferred or sold to, or deposited with, a third party, has been placed beyond the jurisdiction of the court, has been substantially diminished in value, or has been commingled with other property not easily divisible, the United States may engage in discovery in accordance with the Federal Rules of Civil Procedure in an action or claim for a debt to identify additional substitute assets having a value up to $1, 000, 000 United States currency, as authorized by 28 U.S.C. §§ 3001(a)(1) and 3015 and by Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure.

         3. This Preliminary Order of Forfeiture is HEREBY ENTERED against defendant Benjamin Bradley, who shall forfeit to the United States his interest in the following:

(a) Approximately $46, 300 United States currency seized from 15540 Prevost Street, Detroit, Michigan on March 12, 2015;
(b) Approximately $78, 300 United States currency seized from 45669 Harmony Lane, Belleville, Michigan on March 12, 2015;
(c) Real property commonly known as 14427 Curtis, Detroit, Michigan 48235, and more particularly described in Exhibit A attached to the United States' Bill of Particulars for Forfeiture of Real Property (“Exhibit A”) (Doc. No. 432-1);
(d) Real property commonly known as 16617 Lesure, Detroit, Michigan 48235, and more particularly described in Exhibit A;
(e) Real property commonly known as 15355 Ohio Street, Detroit, Michigan 48238, and more particularly described in Exhibit A; and
(f) Real property commonly known as 45669 Harmony Lane, Belleville, Michigan 48111, and more particularly described in Exhibit A.

         (The parcels of real property identified herein are collectively referred to below as ...


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