United States v. Adams

159 F. Supp. 3d 688, 2016 U.S. Dist. LEXIS 18024, 2016 WL 526414
CourtDistrict Court, N.D. West Virginia
DecidedFebruary 5, 2016
DocketCriminal No. 3:08-CR-77
StatusPublished
Cited by1 cases

This text of 159 F. Supp. 3d 688 (United States v. Adams) is published on Counsel Stack Legal Research, covering District Court, N.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Adams, 159 F. Supp. 3d 688, 2016 U.S. Dist. LEXIS 18024, 2016 WL 526414 (N.D.W. Va. 2016).

Opinion

ORDER

JOHN PRESTON BAILEY, UNITED STATES DISTRICT JUDGE

Pending before this Court in this case are a number of motions, including the following:

• Government’s Motion to Dismiss Claims and Petitions, filed October 16, 2015 [Doc. 1429];
• Motion to Set Aside Final Judgments of Forfeiture, filed October 28, 2015, by defendant Barton Joseph Adams [Doc. 1441];
• Motion for a Decision on the October 28, 2015 Motion to Set Aside Final Judgements of Forfeiture for Violating Federal Rules of Criminal Proce- . dure 32.2(a), filed January 4, 2016, by defendant .Barton Joseph Adams [Doc. 1469];
• Motion to Reconsider Motion [D.E. 1475] to Hold Hearings at the Mar-tinsburg Vicinage Until the Venue Issue is Decided, filed January 11, 2016, by defendant Barton Joseph Adams [Doc. 1481];
• Hearing to Adjudicate the Validity of [Their] Interest in Property Preliminarily Ordered Forfeited, filed January 11, 2016, by defendant Barton Joseph Adams, Josephine Adams and BA [Doc. 1482];
• Motion to Intervene Regarding the Government’s Violation of Notice Requirement of the Federal Rules of Criminal Procedure 32.2(a), filed January 20, 2016, by defendant Barton Joseph Adams, Josephine Adams and BA [Doc. 1491].

Procedural Background

Defendant Barton Joseph Adams was first indicted on November 18, 2008 [Doc. 19]. The initial indictment contained a “Forfeiture Allegation,” alleging that “pursuant to Title 28 U.S.C. § 2461(c), Title 18 U.S.C. §§ 981(a)(1)(C), 1956(c)(7), 1961(Z), and Title 21 U.S.C. § 853, upon obtaining a conviction with respect to any alleged mail, wire, or health care, fraud offense, it is the intention of the United States to seek at sentencing the forfeiture of any property, real or personal, that constitutes or was derived from proceeds traceable to such offense.... ”

On September 18, 2012, the Grand Jury returned a Third Superseding Indictment against Mr. Adams, containing a similar fraud allegation [Doc. 1083]. On November 8, 2012, defendant Barton Adams entered a plea of guilty, pursuant to a plea agreement, to Counts 10 and 13 of the Third Superseding Indictment [Doc. 1154]. Count 10 charged this defendant with health care fraud, while Count 13 charged the defendant with tax evasion [Doc. 1083].

[690]*690The plea agreement [Doc. 1152] provided, in part, that “[t]he defendant agrees to the entry of a forfeiture money judgment in the amount of $3,724,721, which defendant stipulates is the amount of the proceeds obtained from the health care fraud offense of conviction.”

On January 9, 2013, the Government filed a Motion of the United States for Entry of Preliminary Order of Forfeiture Initiating the Ancillary Proceeding for Third-Parties to Contest Forfeiture [Doc. 1170]. Notice of the Motion was provided to counsel for Mr. Adams via the CM/ECF system on the same day. The Motion dealt with the preliminary forfeiture of certain funds received from and seized from the law firm of Coburn & Coffman. This Court entered an Order granting the Motion on January 14, 2013 [Doc. 1171].

On February 13, 2013, the Government filed a Motion to Amend Preliminary Order of Forfeiture [Doc. 1182],' to include the sum of $21,822.87, being unearned fees from the firm of Coburn & Coffman. Notice of this Motion was also provided to counsel for Mr. Adams. This Court entered an Order granting this Motion on February 14, 2013 [Doc. 1183].

On March 19, 2013 and April 18, 2013, the Government filed Declarations of Publication reflecting publication of the notice of forfeiture of both Orders above [Docs. 1230 & 1239]. Notice was provided to counsel for the defendant.

On May 1, 2013, the Government filed a Motion to Amend Amended Preliminary Order of Forfeiture [Doc. 1259], to include the drafts held by the Standard Chartered Bank in Hong Kong, totaling approximately one million dollars. Again, notice was provided to counsel for the defendant. On July 11, 2013, this Court granted the Motion, with notice to counsel for the defendant [Doc. 1262].

That the defendant and his son were aware of the entry of this Order, inasmuch as on August 21, 2013, the defendant filed Claims in Response to Second Amended Preliminary Order of Forfeiture [Doc. 1271] on behalf of himself and his son. In his Claim, the defendant notes that “[o]n July 16, 2013, the Claimants received a letter (with enclosed Second Amended Preliminary Order of Forfeiture and Notice of Forfeiture).... ” This document was sealed inasmuch as it contained the name of the minor claimant, in violation of the E-Government Act. Notice of the filing was sent to counsel for the defendant and the United States Attorney’s Office.

On August 21, 2013, the defendant filed a Verified Amended Petition to Assert Claims in Response to Second Amended Preliminary Order of Forfeiture [Doc. 1273] on behalf of himself and his son. In his Petition, the defendant again notes that “[o]n July 16, 2013, the Claimants received a letter (with enclosed Second Amended Preliminary Order of Forfeiture and Notice of Forfeiture).... ” Again, this document was sealed inasmuch as it contained the name of the minor claimant, in violation of the E-Government Act. Notice was not provided.

On August 26, 2013, the defendant filed a duplicate Verified Amended Petition to Assert Claims in Response to Second Amended Preliminary Order of Forfeiture [Doc. 1275]. This document was sealed inasmuch as it contained the name of the minor claimant, in violation of the E-Government Act. Notice was not provided.

On September 17, 2013, the Government filed Declarations of Publication reflecting publication of the notice of forfeiture of the July 11, 2013 Order [Doc. 1284], Notice was provided to counsel for the defendant.

On September 20, 2013, the Government filed Government’s Motion to Strike Petition [Doc. 1285], seeking to strike the Petition [Doc. 1271], inasmuch as it was not signed under penalty of perjury and it did [691]*691not set forth the nature and extent of the petitioner’s right, title, or interest in the property, and the time and circumstances of the petitioner’s acquisition of the right, title, or interest in the property as required by 21 U.S.C. § 853(n)(3). Notice was provided to all counsel.

Six days later, the defendant filed a Second Verified Petition to the Filed August 20, 2013 Verified Amended Petition to Assert Claims in Response to Second Amended Preliminary Order of Forfeiture [Doc. 1287]. Unfortunately, this document was again sealed inasmuch as it contained the name of the minor claimant, in violation of the E-Government Act, and notice was not provided.

On October 4, 2013, the defendant filed a duplicate Second Verified Petition to the Filed August 20, 2013 Verified Amended Petition to Assert Claims in Response to Second Amended Preliminary Order of Forfeiture [Doc. 1289].

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Related

United States v. Barton Adams
663 F. App'x 269 (Fourth Circuit, 2016)

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Bluebook (online)
159 F. Supp. 3d 688, 2016 U.S. Dist. LEXIS 18024, 2016 WL 526414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-adams-wvnd-2016.