IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

UNITED STATES OF AMERICA, : Case No. 3:17CR169 

 

 Plaintiff, : Judge Thomas M. Rose 

 

 v. : 

JUSTIN DAVID MARTIN, : 

 

 Defendant. : 

PRELIMINARY ORDER OF FORFEITURE 

(JUSTIN DAVID MARTIN) 

 Upon the Motion of the United States for a Preliminary Order of Forfeiture, and the 

Court’s review of the evidence in the record, including the Plea Agreement, the Court HEREBY 

FINDS THAT: 

The Defendant plead guilty to Count One of the Information charging him with 

Importation of MDMA or Ecstasy, a Schedule I Controlled Substance in violation of 21 U.S.C. 

§§ 952, 960 and 963 and 18 U.S.C. § 2 and Count Two Possession with Intent to Distribute 

MDMA or Ecstasy in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). 

The Defendant has an interest in the following property (hereinafter referred to as the 

“Subject Property”): 

a. $49,480.00 in U.S. Currency; 

 b. LG cell phone, Serial No. 611VTMU0717811; 

c. Black Apple cell phone, FCC ID BCG-E3092A, IC: 579C-E3092A; 

d. iPad w/ black case, Serial No. DMQLGAHEFK10; 

e. Silver Dell laptop, Service Tag #H04SY52; 

f. SanDisk 16GB SDHC memory card; 
 g. Glock 40 w/holster, serial # SXC109; 

 h. Glock 40 magazine; 

 i. 14 rounds of Speer .40 caliber ammunition; 

 j. Samsung Hard drive, Serial No. S2R5NBOHB22468D; 

k. Blue 16GB Flash drive; and 

l. Cruzer Freedom 512MB Flash drive. 

 The Subject Property is forfeitable, pursuant to 21 U.S.C. § 853 as property constituting, 

or derived from, any proceeds obtained, directly or indirectly and property used, or intended to 

be used, in any manner or part, to commit or to facilitate the commission of the Defendant’s 

offenses alleged in Count One and Two; and 

 The United States has established the requisite nexus between the Subject Property and 

the Defendant’s offenses. 

 THEREFORE, IT IS HEREBY ORDERED THAT: 

1. The Defendant shall hereby forfeit, pursuant to 21 U.S.C. § 853 any property 

constituting, or derived from, any proceeds obtained, directly or indirectly and any property 

used, or intended to be used, in any manner or part, to commit or to facilitate the commission of 

the Defendant’s offenses alleged in Count One and Two. 

2. The Defendant shall hereby forfeit, pursuant to 21 U.S.C. § 853, the following specific 

property (hereinafter referred to as the “Subject Property”): 

a. $49,480.00 in U.S. Currency; 

 b. LG cell phone, Serial No. 611VTMU0717811; 

c. Black Apple cell phone, FCC ID BCG-E3092A, IC: 579C-E3092A; 

d. iPad w/ black case, Serial No. DMQLGAHEFK10; 
e. Silver Dell laptop, Service Tag #H04SY52; 

f. SanDisk 16GB SDHC memory card; 

 g. Glock 40 w/holster, serial # SXC109; 

 h. Glock 40 magazine; 

 i. 14 rounds of Speer .40 caliber ammunition; 

 j. Samsung Hard drive, Serial No. S2R5NBOHB22468D; 

k. Blue 16GB Flash drive; and 

l. Cruzer Freedom 512MB Flash drive. 

 

3. The Defendant having agreed to the immediate forfeiture of the Subject Property, this 

Preliminary Order of Forfeiture is final as to the Defendant and shall be made part of the 

sentence and included in the judgment. This order remains preliminary as to third parties until 

the ancillary proceeding is concluded. 

4. The United States is authorized to seize the Subject Property, whether held by the 

defendant or a third party; conduct any discovery proper in identifying, locating or disposing of 

the property subject to forfeiture; and to commence proceedings that comply with any statutes 

and federal rules governing third party rights, in accordance with Fed. R. Crim. P. 32.2(b)(3). 

5. In accordance with the direction provided by the Attorney General and Federal Rule of 

Criminal Procedure 32.2(b)(6), the United States shall publish notice of this Preliminary Order of 

Forfeiture and send notice to any person who reasonably appears to be a potential claimant with 

standing to contest the forfeiture in the ancillary proceeding. Publication must take place as 

described in Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil Procedure, and may be 

by any means described in Supplemental Rule G(4)(a)(iv). Publication is unnecessary if any 

exception in Supplemental Rule G(4)(a)(i) applies. 
6. The notice must describe the forfeited property, state the times under the applicable 

statute when a petition contesting the forfeiture must be filed, and state the name and contact 

information for the Assistant United States Attorney to be served with the petition. The notice 

may be sent in accordance with Supplemental Rules G(4)(b)(iii)-(v) of the Federal Rules of Civil 

Procedure. 

7. Any person, other than the Defendant, filing a petition to contest the forfeiture of specific 

property, must sign the petition under penalty of perjury and shall set forth the nature and extent 

of the petitioner's right, title, or interest in the property, the time and circumstances of the 

petitioner’s acquisition of the right, title, or interest in the property, any additional facts 

supporting the petitioner’s claim, and the relief sought. 

8. If a third party files a petition asserting an interest in the Subject Property, the court will 

conduct an ancillary proceeding. 

9. When the ancillary proceeding ends, the court will enter a final order of forfeiture by 

amending the preliminary order as necessary to account for any third-party rights. If no third 

party files a timely petition, this Preliminary Order of Forfeiture will become the Final Order of 

Forfeiture. 

10. The United States shall have clear title to the Subject Property following the court’s 

disposition of all third party interests, or if no third party petitions are timely filed, following the 

expiration of the period provided by statute for the filing of third party petitions. 
11. The Court shall retain jurisdiction to enforce this order; and to amend it as necessary, 

pursuant to Fed. R. Crim P. 32.2(e). 

Dated: April 17, 2018 

 

 SO ORDERED: 

 

 *s/Thomas M. Rose 

____________________________________ 

 THOMAS M. ROSE 

 UNITED STATES DISTRICT COURT JUDGE