United States v. Rivers

60 F. Supp. 3d 1262, 2014 U.S. Dist. LEXIS 164734, 2014 WL 6480506
CourtDistrict Court, M.D. Florida
DecidedJuly 31, 2014
DocketCase No. 6:13-cr-87-Orl-40TBS
StatusPublished

This text of 60 F. Supp. 3d 1262 (United States v. Rivers) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Rivers, 60 F. Supp. 3d 1262, 2014 U.S. Dist. LEXIS 164734, 2014 WL 6480506 (M.D. Fla. 2014).

Opinion

ORDER

PAUL G. BYRON, District Judge.

This cause comes before the Court on Defendant Michael Rivers’ Petition to Set Aside the Forfeiture Money Judgment and Preliminary Order of Forfeiture (Doc. 214) and the United States’ Response to Michael Rivers’ Motion to Set Aside the Forfeiture Money Judgment and Preliminary Order of Forfeiture (Doc. 219). The matter being ripe for consideration and for the reasons set forth herein, the Court denies Defendant Michael Rivers’ Motion to Set Aside Forfeiture Money Judgment and Preliminary Order of Forfeiture.

I. BACKGROUND

On March 4, 2013, a Criminal Complaint was filed against Defendant Michael Rivers charging him with conspiracy to commit wire fraud in violation of 18 U.S.C. § 1349. (Doc. 1). The grand jury, sitting in Orlando, Florida, returned an indictment charging Defendant Michael Rivers and his wife, Defendant Kim Rivers, with conspiracy to commit wire fraud. (Doc. 20). Defendant Michael Rivers was arraigned on the indictment on April 26, 2013. (Doc. 38). The indictment notified Defendant Michael Rivers that the United States was seeking forfeiture of certain property. (Id. at pp. 5-7). Defendant Michael Rivers was arrested in the Eastern District of New York, had his initial appearance, was detained, and was ordered to be committed to the Middle District of Florida. (Docs. 22, 23, 24).

On January 30, 2014, Defendant Michael Rivers moved the Court to permit a Joint Meeting of Co-Defendants and their respective counsel (Doc. 115), which the Court granted (Doc. 116). On February 5, 2014, the First Superseding Indictment was returned (Doc. 117) and Defendant Michael Rivers was arraigned on February II, 2014 (Doc. 124). The First Superseding Indictment notified Defendant Michael Rivers that the United States was seeking forfeiture of certain property. (Doc. 117, pp. 8-10). On February 19, 2014, the Second Superseding Indictment was returned (Doc. 130) and Defendant Michael Rivers was arraigned on February 26, 2014 (Doc. 135). Defendant Michael Rivers waived his right to personally appear at the February 26, 2014 arraignment on the Second. Superseding Indictment. (Doc. 136). The Second Superseding Indictment notified Defendant Michael Rivers that the United States was seeking forfeiture of certain property. (Doc. 130, pp. 9-12). On March [1264]*126420, 2014, the United States filed its Notice of Maximum Penalty, Elements of Offense, and Factual Basis. (Doc. 155).

On March 20, 2014, Defendant Michael Rivers appeared before Magistrate Judge Thomas Smith and pleaded guilty to all twenty-one counts of the Second Superseding Indictment. (Doc. 156). The transcript of the March 20, 2014 plea colloquy is docketed at Docket Entry 212. District Judge Charlene Honeywell subsequently adopted the Report and Recommendation of Magistrate Judge Smith (Doc. 159) and accepted Defendant Michael Rivers’ guilty plea on March 21, 2014 (Doc. 170). Pursuant' to Defendant Michael Rivers’ plea agreement, Defendant Michael Rivers faces a maximum of twenty years in prison on Count One of the Second Superseding Indictment alone.

On March 20, 2014, Defendant Kim Rivers entered into a plea agreement wherein she agreed to plead guilty to Counts Nineteen, Twenty, and Twenty-One of the Second Superseding Indictment in exchange for the United States dismissing Counts One through Eighteen as to her. (Doc. 154). District Judge Charlene Honeywell subsequently adopted the Report and Recommendation of Magistrate Judge Smith (Doc. 166) and accepted Defendant Kim Rivers’ guilty plea on March 25, 2014 (Doc. 173). Pursuant to Defendant Kim Rivers’ plea agreement, Defendant Kim Rivers faces a minimum of two years and maximum of six years in prison.

On April 1, 2014, the United States filed its Motion for Entry of a Forfeiture Money Judgment and a Preliminary Order of Forfeiture. (Doe. 175). On June 12, 2014, the Court granted the motion and entered a Forfeiture Money Judgment and a Preliminary Order of Forfeiture. (Doc. 201). Beginning June 16, 2014 and ending July 15, 2014, the United States published notice of criminal forfeiture for Defendant Michael Rivers’ forfeitable property. (Doc. 215).

The first time this Court was made aware of Defendant Michael Rivers’ displeasure with his plea agreement was on July 14, 2014 when Defendant Michael Rivers filed the instant Petition to • Set Aside the Forfeiture Money Judgment and Preliminary Order of Forfeiture. (Doc. 214.).1 In his petition to set aside, Defendant Michael Rivers argues that the preliminary order of forfeiture should be set aside because his attorney never filed objections, despite his instruction. (Id. at 2).

II. ISSUE

Defendant Michael Rivers requests that the forfeiture money judgment and the preliminary order of forfeiture be set aside due to his counsel’s failure to file objections. (Id.). Therefore, the Court must determine whether there is any basis for setting aside the forfeiture money judgment or the preliminary order of forfeiture. The Court finds none.

III. DISCUSSION

Federal Rule of Criminal Procedure 32.2(b) governs the procedure for prelimu narily ordering the forfeiture of property involved in or derived from crime. Rule 32.2(b)(1)(A) provides:

As soon as practical ... after a plea of guilty or nolo contendere is accepted, on any count in an indictment or information regarding which criminal forfeiture is sought, the court must determine [1265]*1265what property is subject to forfeiture under the applicable statute. If the government seeks forfeiture of specific property, the court must determine whether the government has established the requisite nexus between the property and the offense. If the government seeks a personal money judgment, the court must determine the amount of money that the defendant will be ordered to pay.

Fed.R.Crim.P. 32.2(b)(1)(A). In determining the nexus of the property and the criminal offense and the amount of a money judgment, thé court may consider any evidence already in the record, the plea agreement, and any other evidence submitted by the parties. Fed.R.Crim.P. 32.2(b)(1)(B). Any party who contests the forfeiture of specified property may object and request a hearing. See id. Upon finding that property is subject to forfeiture, the court “must promptly enter a preliminary order of forfeiture.” Fed. R.Crim.P. 32.2(b)(2)(A) (emphasis added).

Here, Defendant Michael Rivers fails to show any basis why the Court’s entry of the forfeiture money judgment and the preliminary order of forfeiture was improper. Defendant Michael Rivers does not allege that the Court failed to follow any aspect of Federal' Rule of Criminal Procedure 32.2 or otherwise improperly entered the forfeiture money judgment or the preliminary order of forfeiture.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Attempt and conspiracy
18 U.S.C. § 1349
Criminal forfeitures
21 U.S.C. § 853(n)(2)

Cite This Page — Counsel Stack

Bluebook (online)
60 F. Supp. 3d 1262, 2014 U.S. Dist. LEXIS 164734, 2014 WL 6480506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rivers-flmd-2014.