United States District Court, S.D. Mississippi, Eastern Division
KATHLYTN VAN BUSKIRK ASSISTANT UNITED STATES ATTORNEY
EDWARD STURDAVANT M.D. DEFENDANT
JOSEPH SCHWARTZ ATTORNEY FOR DEFENDANT
AGREED PRELIMINARY ORDER OF FORFEITURE
to a separate Plea Agreement and Plea Supplement between the
defendant, THOMAS EDWARD STURDAVANT, M. D.,
by and with the consent of his attorney, and the
UNITED STATES OF AMERICA (hereinafter
"Government"), THOMAS EDWARD STURDAVANT, M.
D., agrees that the following findings are correct,
and further agrees with the adjudications made herein.
Accordingly, the Court finds as follows:
Defendant is fully aware of the consequences of having agreed
to forfeit to the Government his interests in and to the
hereinafter described property, having been apprised of such
by his attorney and by this Court; and he has freely and
voluntarily, with knowledge of the consequences, entered into
a Plea Agreement and Plea Supplement with the Government to
forfeit such property.
Defendant has agreed to the entry of a forfeiture money
judgement in the amount of $160, 000.00, which is the value
of any property which constitutes or is derived from,
directly or indirectly, the gross proceeds traceable to
commission of Count One a of the Indictment to 18 U.S.C.
§ 981(a)(1)(C) and 28 U.S.C. § 2461(c).
Defendant has been apprised that Rule 32.2 of the Federal
Rules of Criminal Procedure, and 18 U.S.C. § 982 require
the Court to order the forfeiture money judgement in the
amount of $160, 000.00 at, and as a part of, the sentencing
proceeding. The Defendant does hereby waive such requirement
and the requirement that the forfeiture be made a part of the
sentence as ordered by the Court in the document entitled,
"Judgment in a Criminal Case," The Defendant and
his attorney further agree that the Court should enter this
Order immediately, and agree that the forfeiture ordered
hereunder will be a part of the sentence of the Court
regardless whether ordered at that proceeding and/or whether
attached as a part of the said "Judgment in a Criminal
THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:
forfeiture money judgement in the amount of $160, 000.00 is
entered against the Defendant.
Court has determined, based on the Defendant's Plea
Agreement and Plea Supplement, that the following property is
subject to forfeiture pursuant to 18 U.S.C. §
981(a)(1)(C) and 28 U.S.C. § 2461(c), that the Defendant
had an interest in such property and that the Government has
established the requisite nexus between such property and
United States may conduct any discovery it considers
necessary to identify, locate, or dispose of the property
subject to forfeiture or substitute assets for such property.
United States shall publish notice of the order and its
intent to dispose of the property in such a manner as the
United States Attorney General may direct. The United States
may also, to the extent practicable, provide written notice
to any person known to have an alleged interest in the
subject property. Fed. R. Crim. P. 32.2(c)(1).
person, other than the above named Defendant, asserting a
legal interest in the subject property may, within thirty
days of the final publication of notice or receipt of notice,
whichever is earlier, petition the court for a hearing
without a jury to adjudicate the validity of his alleged
interest in the subject property, and for an amendment of the
Order of Forfeiture, pursuant to 21 U.S.C. § 853(n).
Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), this Preliminary
Order of Forfeiture shall become final as to the Defendant at
the time of sentencing [or before sentencing if the Defendant
consents] and shall be made part of the sentence and included
in the judgment. If no third party files a timely claim, this