UNITED STATES DISTRICT COURT 

 EASTERN DISTRICT OF MICHIGAN 

 SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Criminal No. 15-cr-20149 

Plaintiff, 

 Honorable Robert H. Cleland 

vs. 

D-1 ROS’S CABINETS II, INC., 

Defendant. 

__________________________/ 

STIPULATED PRELIMINARY ORDER OF FORFEITURE

The United States of America, by and through its attorneys, BARBARA L. 

McQUADE, United States Attorney for the Eastern District of Michigan, and 

RONALD WATERSTREET, Assistant United States Attorney, together with 

Defendant ROS’S CABINETS II, INC. (“Defendant”), individually and by and 

through its attorney, STEVEN FISHMAN, ESQ., hereby submit this Stipulated 

Preliminary Order of Forfeiture: 

1. The United States filed a Superseding Information on or around June 1, 

2015 which charged Defendant with Count One, Hiring 10 or More Illegal Aliens 

Within a 12 Month Period in violation of 8 U.S.C. § 1324 (a)(3)(A). 

2. On or about June 2, 2015, Defendant pled guilty to Count One of the 

Superseding Information. 

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3. As part of the Rule 11 Plea Agreement, Defendant agreed, pursuant to 8 

U.S.C. § 1324(b), 28 U.S.C. § 2461(c), and/or 18 U.S.C. § 982(a)(6) to forfeit any 

interest it may have in the following property to the United States: 

Eight Thousand Eight Hundred Thirty-One Dollars ($8,831.00) in 

U.S. Currency 

 

(hereinafter, the ASubject Property@). 

4. Defendant specifically acknowledges that the Subject Property constitutes 

proceeds traceable to its criminal conviction in violation of 8 U.S.C. § 1324 and is 

therefore subject to forfeiture to the United States pursuant to 8 U.S.C. § 1324(b), 28 

U.S.C. § 2461(c) and/or 18 U.S.C. § 982(a)(6). 

5. In the Rule 11 Plea Agreement, Defendant expressly waived the 

requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice 

of forfeiture in the charging instrument, announcement of forfeiture at sentencing and 

incorporation of forfeiture in the judgment. 

6. In the Rule 11 Plea Agreement, Defendant expressly waived its right to 

have a jury determine the forfeitability of its interest in the Subject Property as 

provided by Rule 32.2 of the Federal Rules of Criminal Procedure. 

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 6. In the Rule 11 Plea Agreement, Defendant knowingly, voluntarily, and 

intelligently waived any challenge to forfeiture of the Subject Property based upon the 

Excessive Fines Clause of the Eighth Amendment to the United States Constitution. 

 7. In the Rule 11 Plea Agreement, Defendant acknowledged that it 

understands that forfeiture of the Subject Property is part of the sentence that may be 

imposed on it in this case and waives its right to challenge any failure by the Court to 

advise it of this at the time that its guilty plea was accepted pursuant to Federal Rule of 

Criminal Procedure 11(b)(1)(J). 

 9. Defendant hereby agrees to immediate entry of this Stipulated 

Preliminary Order of Forfeiture, and agrees that any and all interest it has in the Subject 

Property shall be forfeited to the United States for disposition according to law. 

 10. NOW THEREFORE, based upon the Superseding Information, the Rule 

11 Plea Agreement, Defendant=s agreement to forfeiture in this Stipulation, and other 

information in the record, and pursuant to 8 U.S.C. § 1324(b), 28 U.S.C. § 2461(c), 

and/or 18 U.S.C. § 982(a)(6), IT IS HEREBY ORDERED that the Subject Property IS 

FORFEITED to the United States for disposition according to law, and that any right, 

title or interest of Defendant, and any right, title or interest that its successors or 

assigns, have or may have in the Subject Property IS HEREBY AND FOREVER 

EXTINGUISHED. 

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 11. IT IS FURTHER ORDERED that upon entry of this Stipulated 

Preliminary Order of Forfeiture, the United States Attorney General or her designee is 

authorized to commence any applicable proceeding to comply with the statutes 

governing third party rights, including giving notice of this Order. 

 12. Pursuant to 21 U.S.C. ' 853(n), Federal Rule of Criminal Procedure 

32.2(b)(6) and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims 

and Asset Forfeiture Actions, the United States shall publish notice of this Stipulated 

Preliminary Order of Forfeiture and of its intent to dispose of the Subject Property on 

www.forfeiture.gov for at least thirty (30) consecutive days. The United States may 

also, to the extent practicable, provide direct written notice to any person or entity 

known to have an alleged interest in the Subject Property. Said notice shall direct that 

any person, other than the Defendant, asserting a legal interest in the Subject Property, 

may file a petition with the Court within thirty (30) days of the final publication of 

notice or of receipt of actual notice, whichever is earlier. The petition shall be for a 

hearing before the Court alone, without a jury and in accordance with 21 

U.S.C. ' 853(n), to adjudicate the validity of the petitioner's alleged interest in the 

Subject Property. Any petition filed by a third party asserting an interest in the 

Subject Property must be signed by the petitioner under penalty of perjury and must set 

forth the nature and extent of the petitioner's alleged right, title or interest in the Subject 

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Property, the time and circumstances of the petitioner=s acquisition of the right, title, or 

interest in the Subject Property, any additional facts supporting the petitioner's claim, 

and the relief sought. 

 13. IT IS FURTHER ORDERED that the United States is hereby authorized, 

pursuant to Federal Rules of Criminal Procedure 32.2(c), to conduct discovery in the 

ancillary proceeding in accordance with the Federal Rules of Civil Procedure upon a 

showing that such discovery is necessary or desirable to resolve factual issues. 

 14. IT IS FURTHER ORDERED THAT pursuant to Federal Rule of Criminal 

Procedure 32.2(b)(4)(A), this Stipulated Preliminary Order of Forfeiture shall become 

final as to Defendant at entry and forfeiture of the Subject Property shall be made part 

of the Defendant’s sentence in this case and included in the Judgment. If: (1) no third 

party files a timely petition before the expiration of the period provided in 21 U.S.C. § 

853(n)(2), or (2) any petitions for ancillary hearing are disposed of or adjudicated in 

favor of the United States, then this Order shall become the Final Order of Forfeiture as 

provided by Federal Rule of Criminal Procedure 32.2(c)(2). 

 15. IT IS FURTHER ORDERED THAT after this Order becomes the Final 

Order of Forfeiture; the United States shall have clear title to the Subject Property and 

shall be authorized to dispose of the Subject Property as prescribed by law. 

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 16. IT IS FURTHER ORDERED THAT the Court retains jurisdiction to 

enforce this Order, and to amend it as necessary, pursuant to Federal Rule of Criminal 

Procedure 32.2(e). 

Agreed as to form and substance: 

BARBARA L. McQUADE 

United States Attorney 

s/Ronald W. Waterstreet s/ with consent Steven Fishman 

RONALD W. WATERSTREET STEVEN FISHMAN 

Assistant United States Attorney Counsel for Defendant 

211 W. Fort Street, Suite 2001 615 Griswold, Suite 1125 

Detroit, MI 48226 Detroit, MI 48226-3910 

(313) 226-9593 (313) 962-4090 

Ronald.waterstreet@usdoj.gov sfish6666@gmail.com 

P-42197 P-23049 

Dated: September 1, 2015 Dated: September 1, 2015 

 

 s/ with consent Antonio Virelli

 Antonio Virelli 

 President, Ros’s Cabinets II 

 Dated: September 1, 2015 

******************************************** 

IT IS SO ORDERED. 

s/Robert H. Cleland 

Dated: September 13, 2015 HONORABLE ROBERT H. CLELAND 

 United States District Judge 

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