United States v. Kasbarian
2:22-cr-00002
D. Nev.Jun 8, 2022Background
- Defendant Hrant ("Harry") Kasbarian pled guilty to Count Three: engaging in the business and dealing in firearms without a license (violations of 18 U.S.C. §§ 922(a)(1)(A) and 923(a)).
- Kasbarian agreed in the plea materials (indictment, bill of particulars, plea agreement) to forfeiture of firearms and ammunition connected to the offense.
- The government demonstrated the requisite nexus between the offense and the listed property under Fed. R. Crim. P. 32.2(b)(1) and (b)(2).
- The forfeited property comprises 22 specifically listed pistols (various Beretta, Colt, Sig-Sauer, Walther, Browning, Desert Eagle, H&K, Springfield models identified by serial number) and any and all compatible ammunition.
- The Court ordered the United States to seize the property, vesting all possessory and ownership rights in the government, and authorized amendment of the forfeiture order to include subsequently located or substitute property under Fed. R. Crim. P. 32.2(e).
- The Court directed publication of notice on www.forfeiture.gov for at least 30 consecutive days and set petition deadlines: 30 days after direct notice or 60 days after first publication if no direct notice; petitions must be filed under penalty of perjury and served on the U.S. Attorney’s Asset Forfeiture Attorney.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether listed firearms/ammunition are forfeitable as property used or intended for unlawful dealing in firearms | Government: plea, bill of particulars, and evidentiary nexus satisfy forfeiture requirements | Kasbarian: (no contest in record; agreed in plea) | Forfeiture granted; property forfeited to U.S. |
| Whether the forfeiture order may be amended to include subsequently located or substitute property | Government: Rule 32.2(e) permits later amendment/substitution | Kasbarian: (no recorded objection) | Court authorized amendment/substitution under Rule 32.2(e) |
| Notice and petition procedures for third‑party claims | Government: publish on forfeiture.gov 30 days; apply statutory petition deadlines (30/60 days) and service requirements | Potential claimants: must assert and prove interests within statutory timeframe | Court ordered publication and set 30/60 day petition deadlines and service rules |
| Vesting and seizure of forfeited property | Government: seize and hold property; title vests in United States upon order | Kasbarian: (no recorded opposition) | Court vested ownership/possession in the United States and ordered seizure |
Key Cases Cited
- No reported cases are cited in this forfeiture order.
