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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

CRIMINAL NO. 09-20023 

Plaintiff, 

JUDGE THOMAS L. LUDINGTON

- vsD-1 JOANNE TRAGAS

,a/ka/ Joanne Kolomvakou

a/k/a Giannoula Kolomvakou

a/k/a Joanne Colomvakos

Defendant.

____________________________________/

PRELIMINARY ORDER OF FORFEITURE

1. WHEREAS, a Fifth Superseding Indictment was filed on June 2, 2010, which charged

Defendant Joanne Tragas and others with violating 18 U.S.C. § 1029, Access Device

Fraud Conspiracy (Count 1), 18 U.S.C. § 1952 (Interstate Transportation in Aid of

Racketeering Enterprises (Counts 2-8), 18 U.S.C. 1344 , Bank Fraud 18 U.S.C. § 1347

(Count 9) and 18 U.S.C. § 1343, Wire Fraud (Counts 10-11);

2. WHEREAS, the Superseding Indictment contained Forfeiture Allegations seeking

forfeiture of property constituting or derived from proceeds, directly or indirectly, as the

result of those violations, pursuant to18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), 

18 U.S.C. § § 982(a)(2)(B), and 1029(c)(1)(C) ;

3. WHEREAS, on December 22, 2009, the government filed its Forfeiture Bill of

Particulars which set forth specific property for which the Government sought forfeiture 

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as follows:

a) Real property more particularly identified and described as

1918 Cape Coral Parkway W, Cape Coral, Florida, Lots 5 and 6, in

Block 4636, of UNIT 69, CAPE CORAL, according to the Plat thereof, as

recorded in Plat Book 22, at Pages 31 through 51, inclusive, of the Public

Records of Lee County, Florida

b) Bose complete surround system

c) 32" Sanyo Flat Screen Television

d) 40" Sony Bravia Flat Screen Television

e) 46" Sony Bravia Flat Screen Television

f) 52" Sony Flat Screen Television

g) 40" Sony Bravia Flat Screen Television

h) Dyson Vacuum Cleaner

i) Sony Playstation 3, Model CECHH01

j) 10 Belkin Surge Protectors

k) Morton Water Softener

l) 25.5" Hewlett Packard Touch Smart Screen

m) Hewlett Packard Pavillion, Model A6763W

n) Coach Purse

o) Dooney & Bourke Purse

p) 12 Articles of Clothing

q) Marin Street Bike

r) Garmin Nuvi GPS

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The Government does not conclude that $562,000 represents loss to the victim or even

the total amount obtained by the Defendant. Rather, the Government is using what it believes to

be a conservative figure in determining the forfeiture money judgment. 

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s) Canon HD Camcorder, Model V1XIAHG21

t) Endurance ES Elliptical Trainer

u) Corsa Racer 31.8 Street Bike

v) 41" x 35" Craftsman Rolling Tool Chest

w) Pre-Paid, Stored Value Card, account number 5151580080796474 in the name of 

a nominee owner held for Joanne Tragas in the amount of $3257.55 hereafter 

“Subject Assets”). 

The Bill of Particulars further sets forth a provision stating that the notice “does not limit

the Government from seeking the forfeiture of additional specific property nor limit the

Government from seeking imposition of a forfeiture money judgment”; 

4. WHEREAS, on November 5, a jury unanimously found Defendant Joanne Tragas guilty

on Counts 1-11. The verdict form was entered that same day [Dkt. # 307].

5. WHEREAS, pursuant to Fed.R.Cr.P. 32.2(b)(2) and (3), the government seeks entry of a

preliminary order of forfeiture, including a money judgment in the amount $562,000

which amount represents a sum of proceeds obtained by the Defendant and substantiated

through testimony of Special Agent Robert Kuykendall who testified at trial that his

review of emails demonstrates that the Defendant received at a minimum $562,000 in

criminally derived proceeds from October 1, 2008, through July 20, 20091

;

6. WHEREAS, the court additionally received a summary exhibit marked 540I which

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establishes that the Defendant received a minimum of $562,000 during the course of her

criminal conduct;

7. WHEREAS, the government seeks entry of a preliminary order of forfeiture to include 

the money judgment in the amount of $562,000 and the assets listed above in paragraph 3

to be forfeited to satisfy the money judgment, in part;

8. WHEREAS, Defendant Joanne Tragas agreed to have the Court determine the forfeiture

issues, as stated in the attachment, “Stipulation Waiving Jury Retention for Forfeiture”

Docket No. 303. 

NOW THEREFORE, based upon the Superseding Indictment, Defendant Joanne

Tragas’s conviction on November 5, 2010, her agreement to have the Court determine the

forfeiture and the information in the record;

IT IS HEREBY ORDERED that a money judgment in the amount of $562,000 is granted

and entered against the Defendant, Joanne Tragas, in favor of the United States of America;

IT IS FURTHER ORDERED that any and all interest of Defendant Joanne Tragas in the

following property IS HEREBY FORFEITED to the United States for disposition in accordance

with law, and any right, title or interest of Defendant Joanne Tragas, and any right, title or

interest that her heirs, successors or assigns, have or may have in said property IS HEREBY

AND FOREVER EXTINGUISHED:

a) Real property more particularly identified and described as

1918 Cape Coral Parkway W, Cape Coral, Florida, Lots 5 and 6, in

Block 4636, of UNIT 69, CAPE CORAL, according to the Plat thereof, as

recorded in Plat Book 22, at Pages 31 through 51, inclusive, of the Public

Records of Lee County, Florida

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b) Bose complete surround system

c) 32" Sanyo Flat Screen Television

d) 40" Sony Bravia Flat Screen Television

e) 46" Sony Bravia Flat Screen Television

f) 52" Sony Flat Screen Television

g) 40" Sony Bravia Flat Screen Television

h) Dyson Vacuum Cleaner

i) Sony Playstation 3, Model CECHH01

j) 10 Belkin Surge Protectors

k) Morton Water Softener

l) 25.5" Hewlett Packard Touch Smart Screen

m) Hewlett Packard Pavillion, Model A6763W

n) Coach Purse

o) Dooney & Bourke Purse

p) 12 Articles of Clothing

q) Marin Street Bike

r) Garmin Nuvi GPS

s) Canon HD Camcorder, Model V1XIAHG21

t) Endurance ES Elliptical Trainer

u) Corsa Racer 31.8 Street Bike

v) 41" x 35" Craftsman Rolling Tool Chest

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w) Pre-Paid, Stored Value Card, account number 5151580080796474 in the name of 

a nominee owner held for Joanne Tragas in the amount of $3257.55 hereafter 

“Subject Assets”). 

8. Upon entry of this Order, the United States or a designee is authorized to seize the

Subject Currency and Subject Assets described above pursuant to Federal Rule of

Criminal Procedure 32.2(b)(2) and (3), to conduct any discovery that the Court considers

proper to help identify, locate, or dispose of any assets seized, and United States is

authorized to begin proceedings consistent with applicable statutory requirements

pertaining to ancillary hearings and the rights of any third parties.

9. The United States shall publish for at least thirty days, using the internet site,

www.forfeiture.gov, notice of this Preliminary Order of Forfeiture and its intent to

dispose of the Subject Currency and Subject Assets in such manner as the Attorney

General may direct, pursuant to 21 U.S.C. § 853(n). Said notice shall direct that any

person, other than Defendant Joanne Tragas, asserting a legal interest in the Subject

Currency and Subject Assets 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 Currency and Subject Property. The petition 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 Currency and Subject Property, the time and

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circumstances of the petitioner’s acquisition of the right, title, or interest in the Subject

Currency and Subject Property, any additional facts supporting the petitioner's claim, and

the relief sought. 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

Currency and Subject Property. 

10. Following the Court's disposition of all petitions filed, if any, and upon proof of

publication and notice to any persons known to have alleged an interest in the Subject

Currency and Subject Property, the United States shall have clear title to the Subject

Currency and Subject Property, and the Attorney General, the United States Department

of the Treasury and/or the United States Department of Justice are authorized to dispose

of the forfeited assets in accordance with law.

11. Pursuant to Fed.R.Crim.P. 32.3(b)(4), this Preliminary Order of Forfeiture shall become

final as to Defendant Joanne Tragas at the time of sentencing and shall be made part of

the sentence and included in the judgment. If no third party files a timely claim, this

Order shall become the Final Order of Forfeiture, as provided by Fed.R.Crim.P.

32.2(c)(2). 

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12. The Court retains jurisdiction to enforce this Order, and to amend it as necessary,

pursuant to Fed.R.Crim.P. 32.2.

IT IS SO ORDERED.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: January 10, 2011

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on January 10, 2011.

s/Tracy A. Jacobs 

TRACY A. JACOBS

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