IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA *

 * CRIMINAL NO. 08-00162-CG 

v. *

 * 

KENNETH M. OLDS, M.D. *

PRELIMINARY ORDER OF FORFEITURE

WHEREAS, in the Information in the above-entitled case, the United States sought

forfeiture of property which represented drug proceeds, and/or property used to facilitate drug

transactions of defendant KENNETH M. OLDS, M.D., pursuant to Title 21, United States

Code, Section 853;

AND WHEREAS, based upon the Information, the guilty plea entered on June 6, 2008,

and the Plea Agreement entered into between the United States and defendant, KENNETH M.

OLDS, M.D., and for the reasons stated, it is hereby;

ORDERED, ADJUDGED AND DECREED, that pursuant to Title 21, United States

Code, Sections 846, and Federal Rule of Criminal Procedure 32.2(b), the interests of defendant,

KENNETH M. OLDS, M.D., are hereby condemned and forfeited to the United States for

disposition according to law in the property identified as follows:

Drug proceeds in the amount of $17,400.00. (Seventeen thousand four hundred dollars).

AND WHEREAS, by virtue of said guilty plea and Plea Agreement, the United States is

now entitled to, and it should, pending possible appeal herein, reduce the said property to its

possession and notify any and all potential third parties who have or may have an interest in the

forfeited property, pursuant to Title 21, United States Code, Section 853 and Rule 32.2(b) of the

Federal Rules of Criminal Procedure.

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NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

That based on the Plea Agreement, the factual resume, the guilty plea, and Fed.R.Crim.P

32.2(b)(3), and pursuant to the defendant’s consent, all right, title and interest of defendant,

KENNETH M. OLDS, M.D., in the above-described property is hereby forfeited to and vested

in the United States of America for disposition in accordance with law, subject to the provisions

of Title 21, United States Code, Section 853(n).

That the aforementioned property is authorized to be held by the United States Marshals

Service in their secure custody and control.

Pursuant to 21 U.S.C. § 853(n)(1) and the Attorney General’s authority to determine the

manner of publication of an Order of Forfeiture in a criminal case, the United States shall

publish notice of this order on an official government internet site (www.forfeiture.gov) for at

least 30 consecutive days.

This notice shall state that the petition shall be for a hearing to adjudicate the validity of

the petitioner’s alleged interest in the property, 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

forfeited property and 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 known to have alleged an interest in the property that is the subject of the Order of

Forfeiture, as a substitute for published notice as to those persons so notified.

After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before

a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of

Civil Procedure upon showing that such discovery is necessary or desirable to resolve factual

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issues.

The United States shall have clear title to the property following the Court’s disposition

of all third-party interests, or, if none, following the expiration of the period provided in Title 21,

United States Code, Section 853(n)(2) for the filing of third-party petitions.

Pursuant to Fed. R. Crim. P. 32.2(b)(3), and the Plea Agreement signed by the parties,

this Preliminary Order of Forfeiture shall become final as to the defendant at the time of

execution and shall be made part of the sentence 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).

The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,

pursuant to Fed. R. Crim. P. 32.2(e).

The Clerk of the Court shall forward two (2) certified copies of this Order to Assistant

U.S. Attorney George F. May, U.S. Attorney’s Office, Southern District of Alabama.

DATED this 28th day of January, 2010.

/s/ Callie V. S. Granade 

CHIEF UNITED STATES DISTRICT JUDGE

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