United States District Court, E.D. Michigan, Southern Division
MATTHEW SCHNEIDER United States Attorney.
Adriana Dydell Assistant United States Attorney
Timothy A. Dinan Attorney for Defendant.
STIPULATED PRELIMINARY ORDER OF FORFEITURE
TERRENCE G. BERG JUDGE.
United States of America, by and through its attorneys,
Matthew Schneider, United States Attorney for the Eastern
District of Michigan, and Adriana Dydell, Assistant United
States Attorney, together with Defendant Kyle Lindemann
(“Defendant”), individually and by and through
his attorney, Timothy A. Dinan, submit this Stipulated
Preliminary Order of Forfeiture to the Court and stipulate
and agree to the following:
United States of America (the “United States”)
filed a Felony Information on or around March 6, 2019, which
charged Defendant with Count One, Possession with Intent to
Distribute a Controlled Substance in violation of 21 U.S.C.
§ 841(a)(1). (ECF No. 1).
or about March 29, 2019, Defendant pleaded guilty to Count
One of the Information.
his Rule 11 Plea Agreement (“Rule 11”), Defendant
agreed to forfeit, pursuant to 21 U.S.C. § 853, any
proceeds derived from his violation of Count One of the
Information and to forfeit any property used, or intended to
be used, to commit, or to facilitate, that offense.
Specifically, Defendant agreed to forfeit any and all right,
title, and interest he may possess in the assets listed
below, and agreed that these assets are subject to forfeiture
under 21 U.S.C. § 853 as criminal proceeds and/or
property that facilitated his commission of Count One:
• 4.430550289998 Monero seized from Kyle Lindemann on
May 23, 2018 in Birmingham, Michigan;
• 39.17488 MilliBitcoin seized from Kyle Lindemann on
May 23, 2018 in Birmingham, Michigan.
the Rule 11, Defendant agreed, upon its entry, to stipulate
or consent to the prompt entry of one or more orders of
forfeiture for all property that he has agreed to forfeit to
the United States, including the above-identified
his Rule 11, Defendant acknowledged his understanding that
forfeiture is part of the sentence that may be imposed on him
in this case and waived his right to challenge any failure by
the court to advise him of this, pursuant to Federal Rule of
Criminal Procedure 11(b)(1)(J), or otherwise, at the time his
guilty plea was accepted. Defendant further waived the
requirements of Federal Rules of Criminal Procedure 32.2 and
43(a) regarding notice of forfeiture in the charging
instrument, pronouncement of forfeiture at sentencing, and
incorporation of forfeiture in the ...