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United States v. Lindemann

United States District Court, E.D. Michigan, Southern Division

March 29, 2019

United States of America, Plaintiff,
v.
D-1 Kyle Lindemann, Defendant.

          MATTHEW SCHNEIDER United States Attorney.

          Adriana Dydell Assistant United States Attorney

          Timothy A. Dinan Attorney for Defendant.

          Kyle Lindemann Defendant.

          STIPULATED PRELIMINARY ORDER OF FORFEITURE

          HON. TERRENCE G. BERG JUDGE.

         The 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:

         1. The 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).

         2. On or about March 29, 2019, Defendant pleaded guilty to Count One of the Information.

         3. In 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.

(“Subject Property”).

         4. In 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 cryptocurrency.

         5. In 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 ...


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