United States v. Rego
2:17-cr-00001
D. Nev.Sep 17, 2019Background
- Defendant Anderson Clayton Mariano Alcantara (aka "Foghuinho"/"Fogs" and other aliases) pled guilty to multiple counts arising from an access-device / identity-theft and money‑laundering scheme (counts included conspiracy, access-device fraud, aggravated identity theft, possession/making of device‑making equipment, trafficking counterfeit access devices, and money laundering).
- The United States moved for criminal forfeiture; the Court found, under Fed. R. Crim. P. 32.2(b)(1)–(2), a sufficient nexus between the offenses of conviction and the property identified in the indictment, bill of particulars, and plea filings.
- The forfeited items are enumerated in detail and include numerous counterfeit and genuine credit cards, skimmers, embossers/printers, multiple cell phones and laptops, USB drives/hard drives, watches/jewelry, cash, and related equipment and supplies used to create/traffic counterfeit access devices.
- The Court entered an in personam criminal forfeiture money judgment against Alcantara in the amount of $5,000,000 (expressly not to be held jointly and severally with codefendants; aggregate recovery among codefendants capped at $5,000,000). The Court also ordered that the listed property be forfeited.
- All possessory and ownership interests of Alcantara in the listed property are forfeited and vested in the United States; the government may amend the order to add or substitute subsequently located property under Rule 32.2.
- The Court ordered publication of notice on www.forfeiture.gov (at least 30 consecutive days) and set claim procedures and deadlines (petition filed within 30 days after notice is sent or within 60 days after first publication if no direct notice), with service to the Asset Forfeiture Unit of the U.S. Attorney’s Office.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Forfeiture nexus under Rule 32.2 | Government: pleadings, bill of particulars, plea allocution and supporting filings establish nexus between property and offenses. | Alcantara: (no successful challenge noted; implicitly or explicitly did not rebut nexus). | Court: nexus established; property subject to criminal forfeiture. |
| In personam money judgment amount | Government: $5,000,000 judgment appropriate to represent proceeds/traceable property and losses. | Alcantara: (no successful challenge; judgment entered against him alone and limited as to aggregate codefendant liability). | Court: entered $5,000,000 in personam criminal forfeiture money judgment (with stated limits). |
| Vesting and custody of forfeited property | Government: title and all interests should vest in U.S. and property turned over to government custody. | Alcantara: (no successful claim to retain possessory/ownership rights). | Court: forfeited listed property; all rights vested in United States and government to retain possession. |
| Notice and petition procedures | Government: publish on forfeiture.gov and notify potential claimants; statutory deadlines and service requirements apply. | Potential claimants/Alcantara: may assert third‑party interests by timely petition under 21 U.S.C. §853(n). | Court: ordered publication, specified 30/60‑day petition deadlines, and directed service to AUSAs; allowed amendment/substitution of property post‑order. |
Key Cases Cited
- No federal cases with official reporter citations are cited in this forfeiture order. (The opinion relies on statutory forfeiture provisions and Fed. R. Crim. P. 32.2 rather than reported case law.)