History
  • No items yet
midpage
United States v. All Steel Carports, Inc
3:21-cr-00084
S.D. Ohio
Sep 17, 2021
Read the full case

Background

  • 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.
Read the full case

Case Details

Case Name: United States v. All Steel Carports, Inc
Court Name: District Court, S.D. Ohio
Date Published: Sep 17, 2021
Docket Number: 3:21-cr-00084
Court Abbreviation: S.D. Ohio