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United States v. Gilbert

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

October 8, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DOMINIQUE DUSHON GILBERT, Defendant.

          MATTHEW SCHNEIDER United States Attorney NANCY A. ABRAHAM Assistant United States Attorney

          BARRY A. WOLF Attorney for Defendant

          STIPULATED PRELIMINARY ORDER OF FORFEITURE

          HON. MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE

         The United States of America, by and through its attorneys, MATTHEW SCHNEIDER, United States Attorney for the Eastern District of Michigan, and NANCY A. ABRAHAM, Assistant United States Attorney, together with Defendant DOMINIQUE GILBERT (“Defendant”), through his attorney, BARRY A. WOLF, ESQ., hereby submit this Stipulated Preliminary Order of Forfeiture:

         1. A First Superseding Information was filed on or around May 16, 2019, which charged Defendant with Count One, Possession of Device-Making Equipment, in violation of 18 U.S.C. § 1029(a)(4), and Count Two, Aggravated Identity Theft/Aiding and Abetting, in violation of 18 U.S.C. § 1028A(a)(1), 18 U.S.C. § 2. (ECF No. 17).

         2. The Superseding Information provided notice that upon Defendant's conviction on Count One of the First Superseding Information, the government's intended to forfeit, pursuant to 18 U.S.C. §§ 982(a)(2)(B), any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such violation, and pursuant to 18 U.S.C. § 1029(c)(2), any personal property used or intended to be used to commit the offenses.

         3. On or about May 28, 2019, the defendant pleaded guilty to Counts One and Two of the First Superseding Information. In his Rule 11 Agreement (ECF No. 20) the Defendant also agreed to forfeit his interest in the following property to the United States, pursuant to 18 U.S.C. §§ 982(a)(2)(B), 1029(c)(2) and 28 U.S.C. § 2461(c):

• Acer Laptop, serial number LXRGK02015121416CF1601;
• Dell Laptop, serial number CXPW562;
• Five Flash Drives;
• Apple Cellular Telephone, serial number DNPWF341JCL7;
• ASUS Laptop model number 726NGW
• Pointman ID Card ...

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