UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA, )

)

v. )

) Crim. No. 05-47-01-JD

ROBERT S. LEVINE )

)

Defendant. )

____________________________________)

AMENDED ORDER OF FORFEITURE

This matter is before the Court on the United States’ motion to substitute certain property

of Defendant Robert S. Levine in partial satisfaction of the $1,405,834.00 in money judgments

imposed on Levine as part of the sentence entered on December 1, 2005. After reviewing the

United States’ Motion and the Plea Agreement of Robert S. Levine, this Court concludes that the

United States has satisfied the requirements of 21 U.S.C. § 853(p) for the forfeiture of substitute

assets by demonstrating that the proceeds of Levine’s offenses cannot be located upon the

exercise of due diligence.

Accordingly, IT IS ORDERED THAT:

1. Levine’s interest in Fleet Bank cashier’s check number 732202264 in the amount

of $2,500.00, and General American Life Insurance Company check number 30046550 in the

amount of $3,500.00 is hereby forfeited as substitute assets to the United States in partial

satisfaction of the $1,405,834.00 money judgments.

2. The forfeited Fleet Bank cashier’s check number 732202264 in the amount of

$2,500.00, and the forfeited General American Life Insurance Company check number 30046550

in the amount of $3,500.00 are already in the custody of the United States.

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3. The United States shall provide written notice to known potential claimants and

shall publish notice of the Amended Order of Forfeiture and of its intent to dispose of the abovedescribed property in such a manner as the United States Attorney General may direct. This

publication shall include notice of this Order and the intent of the United States to dispose of the

property in such a manner as the laws of the United States may permit. Any persons, other than

the defendant, Robert S. Levine, asserting a legal interest in the above-described assets shall,

within thirty (30) days of the final publication date of the Legal Notice, or on receipt of direct

written notice thereof, whichever is earlier, petition this Court for a hearing to adjudicate the

validity of the alleged interest in the property. The petition shall be signed by the petitioner

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 circumstance 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. The petitioner and his/her attorney shall send a copy of the petition to Robert J. Rabuck,

Assistant U.S. Attorney, James Cleveland Federal Building, 53 Pleasant Street, Concord, NH

03301.

4. If petitions are filed, upon adjudication of the ancillary proceeding, this Court will

enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which any/all third-party

claims will be addressed.

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5. The Clerk shall send copies of this Amended Order of Forfeiture to the United

States Attorney’s Office, the United States Probation Office and counsel for all parties, and shall 

send three Certified copies of this Amended Order of Forfeiture to the United States Attorney’s

Office.

Entered this _____ day of ______________, 2009

______________________________________

United States District Judge

30th June /s/ Joseph A. DiClerico, Jr.

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