UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case No. 1:18-cr-109-1

v. JUDGE DOUGLAS R. COLE

ANDREY SHUKLIN,

Defendant.

PRELIMINARY ORDER OF FORFEITURE

This cause comes before the Court on the United States’ Motion for Preliminary 

Order of Forfeiture. The Court has reviewed the evidence in the record, including the 

Plea Agreement, and HEREBY FINDS THAT:

On July 25, 2018, a grand jury in the Southern District of Ohio returned an 

Indictment charging defendant Andrey Shuklin in Count 1 with Racketeer Influenced 

and Corrupt Organizations (“RICO”) Conspiracy, in violation of 18 U.S.C. § 1962(d). 

(Dkt. 3.)

The forfeiture allegation in the Indictment provided notice to the defendant 

that the United States would seek the forfeiture, pursuant to 18 U.S.C. § 1963, of (a) 

any interest acquired or maintained in violation of 18 U.S.C. § 1962; (b) any interest 

in, security of, claim against, or property or contractual right of any kind affording a 

source of influence over, any enterprise which the defendant established, operated, 

controlled, conducted, or participated in the conduct of, in violation of 18 U.S.C. 

§ 1962; and (c) any property constituting, or derived from, any proceeds obtained, 

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directly or indirectly, from racketeering activity or unlawful debt collection in 

violation of 18 U.S.C. § 1962, including, but not limited to, all the defendant’s 

ownership interests in the companies listed as part of the enterprise and a sum of 

money equal to an amount that represents the proceeds that the defendant obtained 

as a result of the offense. (Id.) 

On December 30, 2019, the United States filed a Bill of Particulars, which 

provided notice to the defendant that the United States would seek the forfeiture of 

real property known and numbered as 3370 Hidden Bay Drive, Unit #814, Aventura, 

Florida 33180. (Dkt. 133.) 

On or about December 16, 2020, the defendant entered into a Plea Agreement 

with the United States in which the defendant agreed to plead guilty to Count 1 of 

the Indictment; stipulated that the loss exceeded $1,500,000 and was less than 

$3,500,000; and agreed to the immediate forfeiture of property set forth in 18 U.S.C. 

§ 1963. (Dkt. 170.) The defendant entered a plea of guilty to Count 1 of the 

Indictment on January 25, 2021. (Dkt. 175.)

Pursuant to Federal Rule of Criminal Procedure 32.2(b)(1), the Court finds 

that the defendant obtained proceeds in the amount of $2,467,807.39 from the RICO 

conspiracy as set forth in Count 1 of the Indictment.

Upon the exercise of due diligence, investigators were unable to recover the 

$2,467,807.39. As a result of acts or omissions of the defendant, the $2,467,807.39 in 

proceeds is not currently available to the United States for forfeiture. Further, the 

defendant commingled legitimate funds with proceeds from the RICO conspiracy 

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which cannot be divided without difficulty. Therefore, the United States is entitled 

to the forfeiture of the following substitute assets (the “subject property”) because one 

or more of the conditions in 21 U.S.C. § 853(p) have been met:

a. The defendant’s ownership interest in Independent Van Lines, LLC;

and

b. Real property known and numbered as 3370 Hidden Bay Drive #814, 

Aventura, Florida 33180 with all appurtenances, attachments, and 

improvements attached thereon, legally described as:

Condominium Unit No. 814, of 100 Hidden Bay Condominium, a 

Condominium according to the Declaration thereof, as recorded in 

Official Records Book 19034, at Page 4250, as amended, of the Public 

Records of Miami-Dade County, Florida.

More commonly known as: 3370 Hidden Bay Drive #814, Aventura,

Florida 33180

Record Owner: Independent Van Lines, LLC

Parcel Id: 2822030573180

CFN: 20150286898 Book 29603 Pages 3834 and 3835.

THEREFORE, IT IS HEREBY ORDERED THAT:

1. A personal money judgment in the amount of $2,467,807.39 is entered 

against defendant Andrey Shuklin pursuant to 18 U.S.C. § 1963.

2. All right, title, and interest in the subject property is condemned and 

forfeited to the United States pursuant to 21 U.S.C. § 853(p).

3. The United States is authorized to seize the subject property, pursuant 

to 21 U.S.C. § 853(g) and Fed. R. Crim. P. 32.2(b)(3), whether held by the defendant 

or a third party; conduct any discovery for identifying, locating, or disposing of the 

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property; and to commence proceedings that comply with any statutes governing 

third-party rights.

4. In accordance with the direction provided by the Attorney General and 

Fed. R. Crim. P. 32.2(b)(6), the United States shall publish notice of this Order 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.

5. 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 government attorney to be served with 

the petition. The notice may be sent in accordance with Supplemental Rules 

G(4)(b)(iii)-(v).

6. Pursuant to 21 U.S.C. § 853(n)(2), any person, other than the defendant, 

asserting a legal interest in the subject property, who wishes to contest the forfeiture 

of the subject property must, within thirty (30) days of the final publication of notice 

or of receipt of actual notice, whichever is earlier, file a petition in the United States 

District Court for the Southern District of Ohio for a hearing to adjudicate the validity 

of the alleged legal interest in the subject property.

7. Any petition filed by a third party shall be signed by the petitioner under 

penalty of perjury and shall set forth the nature and extent of the petitioner’s right, 

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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. 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.

9. This Preliminary Order of Forfeiture is final as to the defendant and 

shall be made part of his sentence and included in his Judgment. This Order remains 

preliminary as to third parties until the ancillary proceeding is concluded.

10. The Court shall retain jurisdiction to enforce this Order and to amend it 

as necessary pursuant to Federal Rule of Criminal Procedure 32.2(e).

SO ORDERED.

DATE DOUGLAS R. COLE

UNITED STATES DISTRICT JUDGE

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