Case Number: 16-CR-91

Judge: P. Kevin Castel

Court: United States District Court for the Southern District of New York (New York County)

Plaintiff's Attorney: United States District Attorney's Office in New York City

Defendant's Attorney: Lee Ginsberg

Description: New York City, New York criminal defense lawyer represented the Defendant charged with racketeering, wire fraud, money laundering, and Truth-In-Lending Act (“TILA”) offenses.

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Legal issue Can the government obtain clear title to forfeited substitute assets following a criminal conviction and resolution of all third-party claims?
Headnote

CRIMINAL LAW. FORFEITURE. The case involves the final order of forfeiture of various substitute assets in a criminal matter, concluding Scott Tucker's legal proceedings concerning asset forfeiture.

CRIMINAL PROCEDURE. NOTICE REQUIREMENTS. The court addressed the notice requirements for asset forfeiture under Title 21, U.S. Code § 853, ensuring proper notification and publication for individuals asserting a legal interest in the assets.

CRIMINAL LAW. THIRD-PARTY CLAIMS. The judgment discusses the resolution of third-party claims by various interested parties, recognizing their rights or dismissing their claims to the forfeited assets following ancillary proceedings.

ASSET FORFEITURE. SETTLEMENT AGREEMENTS. The court ratified several settlement agreements resolving disputes over the forfeited property, allocating specific funds to claimants pursuant to stipulations agreed upon in the proceedings.

Key Phrases Final Order of Forfeiture. Substitute Assets. Federal Trade Commission Action. Initial Substitute Assets. Forfeited Property.

Outcome: After a five-week jury trial, TUCKER and MUIR were found guilty on October 13, 2017, on all 14 counts against them, including racketeering, wire fraud, money laundering, and Truth-In-Lending Act (“TILA”) offenses. U.S. District Judge P. Kevin Castel presided over the trial and imposed today’s sentences.

WHEREAS, pursuant to Title 21, United States Code, Section 853(n)(7), the United States shall have clear title to any forfeited Forfeited Property following the Court's disposition of any filed claim or if no petitions for a hearing to contest the forfeiture have been filed within thirty (30) days of final publication of notice of forfeiture as set forth in Title 21, United States Code, Section 853(n)(2).

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Defendant's Experts:

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