IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

NICHOLAS HEITMAN,

Defendant.

4:23CR3058

PRELIMINARY ORDER OF 

FORFEITURE

This matter is before the Court upon the United States of America’s Amended Motion for 

Preliminary Order of Forfeiture (Filing No. 90.) The Court has reviewed the record in this case 

and, being duly advised in the premises, finds as follows:

1. On August 21, 2024, a Magistrate Judge held a change of plea hearing for 

Defendant and Defendant entered a plea of guilty to Count I and admitted to the Forfeiture 

Allegation of the Indictment (Filing No. 80; Filing No. 83; Filing No. 88.) The Magistrate Judge 

issued a Findings and Recommendation on Plea of Guilty indicating the undersigned should accept 

Defendant’s plea of guilty and find Defendant guilty of the crime(s) to which Defendant tendered 

a guilty plea. (Filing No. 84.) 

2. On October 11, 2024, the undersigned adopted the Magistrate Judge’s Findings and 

Recommendation on Plea of Guilty, accepted Defendant’s plea, and found Defendant guilty. 

(Filing No. 89.) 

3. Count I of the Indictment charged the Defendant with violation of 21 U.S.C. 

§ 841(a)(1) and (b)(1). 

4. The Forfeiture Allegation of the Indictment sought forfeiture of a United States 

currency ($4,580.00) seized from Nicholas Heitman on or about December 6, 2022 as “property 

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constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of such 

offense and any property used, or intended to be used, in any manner or part, to commit, or to 

facilitate the commission of, the offense.” 

5. By virtue of said plea of guilty, the Defendant hasforfeited hisinterest in the subject

property. Accordingly, the United States should be entitled to possession of said property

pursuant to 21 U.S.C. ' 853.

6. The Government’s Motion for Preliminary Order of Forfeiture should be granted.

IT IS ORDERED:

1. The Government’s Amended Motion for Preliminary Order of Forfeiture (Filing 

No. 90) is granted.

2. The Government’s Motion for Preliminary Forfeiture, (Filing No. 87) is denied as 

moot.

3. Based upon the Forfeiture Allegation of the Indictment and the plea of guilty, the

Government is hereby authorized to seize the $4,580.00 United States currency.

4. Defendant’s interest in the $4,580.00 United States currency is hereby forfeited to 

the Government for disposition in accordance with the law, subject to the provisions of 21 U.S.C. 

' 853(n)(1).

5. The $4,580.00 United States currency is to be held by the Government in its secure 

custody and control.

6. Pursuant to 21 U.S.C. ' 853(n)(1), the Government shall publish for at least thirty 

consecutive days on an official internet government forfeiture site, www.forfeiture.gov., notice of 

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this Preliminary Order of Forfeiture, notice of publication evidencing the Government’s intent to 

dispose of the subject property in such manner as the Attorney General may direct, and notice that 

any person, other than the Defendant, having or claiming a legal interest in any of the subject 

property must file a Petition with the Court within thirty days of the final publication of notice or 

of receipt of actual notice, whichever is earlier.

7. The published notice shall state the Petition referred to in Paragraph 5, above, shall 

be for a hearing to adjudicate the validity of the Petitioner’s interest in the $4,580.00 United States 

currency, 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 $4,580.00 United States currency and 

any additional facts supporting the Petitioner’s claim and the relief sought.

8. The Government may also, to the extent practicable, provide direct written notice 

to any person known to have an interest in the $4,580.00 United States currency as a substitute for 

published notice as to those persons so notified.

9. Upon adjudication of all third-party interests, this Court will enter a Final Order of 

Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed. 

Dated this 16th day of October, 2024.

BY THE COURT:

________________________________

SUSAN M. BAZIS

United States District Judge

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