United States v. All Steel Carports, Inc
3:21-cr-00084
S.D. OhioSep 17, 2021Background
- All Steel Carports, Inc. was charged in a one‑count Information (filed July 6, 2021) with conspiring to encourage/induce illegal aliens to remain in the United States in violation of federal immigration law.
- The Forfeiture Allegation sought forfeiture under 18 U.S.C. § 982(a)(6) of specified assets (totaling approximately $6,000,000), including particular bank accounts, two seized cash amounts, and three 2020 pickup trucks.
- On July 21, 2021 the defendant entered a plea agreement and pleaded guilty to Count 1, agreeing to the immediate forfeiture of the listed subject property.
- The Court found the defendant had an interest in the subject property and that the United States established the requisite nexus between the property and the offense.
- The Court ordered all right, title, and interest in the subject property forfeited to the United States, authorized seizure, and directed notice/publication and ancillary proceedings for third‑party claims.
- The Order is final as to the defendant (to be included in the judgment) and remains preliminary as to third parties until resolution of any ancillary proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Forfeiture of listed property under 18 U.S.C. § 982(a)(6) | Property constitutes proceeds, was used to facilitate, or was a vehicle used in the offense; forfeiture is therefore proper | Defendant agreed in plea to immediate forfeiture (no contest) | Court ordered forfeiture under § 982(a)(6) as to the subject property |
| Existence of nexus between offense and property | Plea agreement and record evidence establish the required nexus | No opposing factual challenge in the record | Court found the requisite nexus established |
| Authority to seize and investigate third‑party interests | United States may seize and conduct discovery to identify/locate property and claimants | Not argued (ancillary process reserved for claimants) | Court authorized seizure and discovery pursuant to applicable rules |
| Procedure and timing for third‑party claims | Third parties may contest via ancillary proceeding under 21 U.S.C. § 853(n) within 30 days of notice/publication | Third parties must file petition under penalty of perjury detailing interest and acquisition | Court set notice/publication, required petitions within statutory period, and preserved ancillary adjudication |
Key Cases Cited
- No reported judicial decisions are cited in this Preliminary Order.
