IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION

UNITED STATES OF AMERICA, : Case No. 3:17CR156 

 

 Plaintiff, : Judge Thomas M. Rose 

 

 v. : 

 

KYLE BATEMAN, : 

 Defendant. : 

PRELIMINARY ORDER OF FORFEITURE OF PROPERTY 

 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: 

1. The Defendant pled guilty to Count 1 of the Indictment, Possession of Child Pornography, 

in violation of 18 U.S.C. § 2252(a)(4)(B), and agreed to the immediate forfeiture, pursuant to 

18 U.S.C. § 2253, of the following property (hereinafter “Subject Property”): 

a. Seagate Barracuda 7200.7 hard drive, Model ST3120026A, SN: 5JT5JBQG; 

and 

b. HP Pavilion desktop computer, SN: MX34050CTB, containing 32GB 

Transcend SD card and Logitech USB drive. 

2. The Defendant specifically agreed that the Subject Property is subject to forfeiture 

pursuant to 18 U.S.C. § 2253. 

3. The Defendant has an interest in the Subject Property. 

4. The Subject Property is forfeitable pursuant to: 18 U.S.C. § 2253(a)(1) as any visual 

depiction described in sections 2251, 2251A, 2252, 2252A, 2252B or 2260 of Chapter 110 of Title 

18 of the United States Code, which were produced, transported, mailed, shipped or received in 
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violation of Title 18 of the United States Code as alleged in Count 1 or any book, magazine, 

periodical, film, videotape or other matter which contains any such visual depiction; and 

18 U.S.C. § 2253(a)(3) as any property, real or personal, used or intended to be used to commit or 

to promote the commission of such offense or any property traceable to such property. 

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

Defendant’s offense. 

 THEREFORE, IT IS HEREBY ORDERED THAT: 

6. The Defendant shall hereby forfeit pursuant to: 18 U.S.C. § 2253(a)(1), any visual 

depiction described in sections 2251, 2251A, 2252, 2252A, 2252B or 2260 of Chapter 110 of Title 

18 of the United States Code as alleged in Count 1 which were produced, transported, mailed, 

shipped, or received in violation of Title 18 of the United States Code, or any book, magazine, 

periodical, film, videotape or other matter which contains any such visual depiction; and 

18 U.S.C. § 2253(a)(3), any property, real or personal, used or intended to be used to commit or to 

promote the commission of the offense and any property traceable to such property. 

7. Pursuant to 18 U.S.C. § 2253(a)(1) and (3), the following Subject Property is hereby 

forfeited: 

a. Seagate Barracuda 7200.7 hard drive, Model ST3120026A, SN: 5JT5JBQG; 

and 

b. HP Pavilion desktop computer, SN: MX34050CTB, containing 32GB 

Transcend SD card and Logitech USB drive. 

8. 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. 
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9. 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). 

10. 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. 

11. 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. 

12. 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. 

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

conduct an ancillary proceeding. 
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14. 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. 

15. 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. 

16. 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: August 1, 2018 

 

SO ORDERED: 

*s/Thomas M. Rose 

 ____________________________________ 

THOMAS M. ROSE 

UNITED STATES DISTRICT JUDGE