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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Christine M. Arguello

Criminal Case No. 11-cr-00358-CMA

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. ANTHONY PAUL BREAUX,

Defendant.

______________________________________________________________________

PRELIMINARY ORDER OF FORFEITURE FOR SUBSTITUTE ASSETS

______________________________________________________________________

THIS MATTER comes before the Court on the United States’ Motion for

Preliminary Order of Forfeiture for Substitute Assets (Doc. # 45)pursuant to the

provisions of 21 U.S.C. § 853(p) and Rule 32.2 of the Federal Rules of Criminal

Procedure. The Court having read said Motion and being fully advised in the premises

finds:

THAT on November 10, 2011, the United States and Defendant Anthony Paul

Breaux entered into a Plea Agreement and Statement of Facts Relevant to Sentencing

in this case (Doc. # 22), in which Defendant pleaded guilty to Counts One and Nine of

the Indictment charging violations of 18 U.S.C. § 1347 (Healthcare Fraud) and 1957

(Money Laundering Greater than $10,000.00), and which provides a factual basis and

cause to issue a forfeiture order under 18 U.S.C. ' 982 and Rule 32.2(b) of the Federal

Rules of Criminal Procedure. 

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THAT on January 26, 2012, the Court entered a Preliminary Order of Forfeiture

against the defendant, which included a money judgment in the amount of

$3,417,376.27. (Doc. # 26). 

THAT the United States has met the factors articulated in 21 U.S.C. § 853(p) to

establish forfeiture of substitute assets. 

THAT those substitute assets, identified below and belonging to the defendant,

are to be forfeited and applied to the defendant’s forfeiture money judgment, totaling

$3,417,376.27:

a. Pacific Life Section 79 Policy #VF52096860, held in the name of

Anthony P. Breaux; and

b. $10,000.00 in United States Currency, currently in the custody of,

and paid by defendant to, Western Colorado Business Development Corporation d/b/a

Business Incubator Center.

THAT the United States does not seek to forfeit more than the $3,417,376.27

money judgment.

THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED that for good

cause shown, the United States’ motion is GRANTED.

It is FURTHER ORDERED that, pursuant to the provisions of 21 U.S.C. § 853(p),

as incorporated by 28 U.S.C. § 2461(c), and Rule 32.2(e)(1)(B), defendant Anthony

Paul Breaux’s interest in the following substitute assets are hereby forfeited to the

United States for disposition according to law, and that such forfeiture shall apply to the

defendant’s forfeiture money judgment in the amount of $3,417,376.27:

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a. Pacific Life Section 79 Policy #VF52096860, held in the name of

Anthony P. Breaux; and

b. $10,000.00 in United States Currency, currently in the custody of,

and paid by defendant to, Western Colorado Business Development Corporation d/b/a

Business Incubator Center.

The Court retains jurisdiction pursuant to Rule 32.2(e)(1) of the Federal Rules of

Criminal Procedure to enter any further orders necessary for the forfeiture and

disposition of the referenced substitute asset, and to entertain any third party claims that

may be asserted in these proceedings.

SO ORDERED this 17th day of April, 2013.

BY THE COURT:

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CHRISTINE M. ARGUELLO

United States District Court Judge

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