Forfeitable Property, as a substitute for published notice as to those persons so
notified; and

THAT, the aforementioned Forfeitable Property is to be held by the
appropriate United States agency in its secure custody and control until the
appropriate disposition of said Forfeitable Property by the United States; and

THAT, it is the intent of the United States, pursuant to 21 U.S.C. §
853(p), to seek forfeiture of any other property of defendant Gary Cross, Jr., up
to the value of the property described above, if the Forfeitable Property or any
portion thereof, as a result of any act or omission of the defendant:

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third party;

(c) has been placed beyond the jurisdiction of the court;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be divided
without difficulty; and

THAT, 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. ‘ . —

{ ra / / ,
TM / BRo«
LANA BA
Honorable Sysant D: ‘Wigenton
United States ‘District Judge

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pursuant to the provisions of 21 U.S.C. § 853 and in accordance with Rule
32.2(a) for a violation of 21 U.S.C. § 846; and

THAT, pursuant to 21 U.S.C. § 853(n)(1), the United States shall publish
notice of this Order and of its intent to dispose of the Forfeitable Property in
such a manner as the Attorney General may direct, including posting notice on
the official internet government forfeiture site, namely www.forfeiture.gov, for at
least 30 consecutive days; and

THAT, pursuant to 21 U.S.C. § 853(n)(2), any person, other than the
defendant, asserting a legal interest in any of the above-listed property must
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, and state that the
petition shall be for a hearing to adjudicate the validity of the petitioner’s
alleged interest in the property; and

THAT, pursuant to 21 U.S.C. § 853(n)(3), 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 forfeited property, the time
and circumstances of the petitioner’s acquisition of the right, title, or interest in
the property, and any additional facts supporting the petitioner’s claim and the
relief sought; and

THAT, the United States may also, to the extent practicable, provide

direct written notice to any person known to have alleged an interest in the


The undersigned hereby
consent to the entry and
form of this order:

PAUL J. FISHMAN
United States Attorney

4 aan
— Dated: 25/72,
By: ANTHONY J. MAHAJAN /
Assistant United States Attorney

Dated: 2] o[ P—

VA
JOgEPEDY’ ROTELLA, ESQ.
Ajforney for Defendant Gary Cross, Jr.

—

Defendant Gary Cross, Jr.

Dated: 2/i-y Ii

-6-


2009R01181

AJM/er
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA Hon. Susan D. Wigenton, U.S.D.J.
Plaintiff, Criminal No. 11-80 (SDW)
v. CONSENT JUDGMENT AND
PRELIMINARY ORDER OF
GARY CROSS, JR. FORFEITURE
Defendant.

WHEREAS, on August 29, 2011, the United States filed a Superseding
Indictment, Criminal No. 11-80 (SDW), against Gary Cross, Jr. (hereinafter
“defendant”) which charges him with, among other things, knowingly and
intentionally conspiring to distribute and possess with intent to distribute
oxycodone, a Schedule II controlled substance, contrary to 21 U.S.C. §§
841(a)(1) and (b)(1)(C), in violation of 21 U.S.C. § 846; and

WHEREAS, on October 3, 2011, the defendant pled guilty to Count 1 of
the Superseding Indictment; and

WHEREAS, pursuant to 21 U.S.C. § 853, a person convicted of an
offense in violation of 21 U.S.C. § 846 shall forfeit to the United States any
property constituting or derived from proceeds the defendant obtained directly

or indirectly as the result of an offense, and represent property used, or


intended to be used, in any manner or part, to commit, or to facilitate the
commission of an offense; and

WHEREAS, by virtue of the above, the United States is now entitled to
possession of one black 2007 Acura RDX, VIN: 5J8TB18557A011899
(the “Forfeitable Property”); and

WHEREAS the defendant acknowledges that the Forfeitable Property
constitutes or is derived from proceeds the defendant obtained directly or
indirectly as the result of the offense, and represents property used, or
intended to be used, in any manner or part, to commit, or to facilitate the
commission of an offense in violation of 21 U.S.C. § 846 as set forth in the
Superseding Indictment, and that the Forfeitable Property is therefore subject
to forfeiture to the United States pursuant to 21 U.S.C. § 853; and

WHEREAS the defendant agrees to forfeit the Forfeitable Property, waives
all interests in and claims to the Forfeitable Property, and hereby consents to
the forfeiture of the Forfeitable Property to the United States; and

WHEREAS the defendant:

(1) Agrees to consent promptly upon request to the entry of any
orders deemed necessary by the Government or the Court to complete the
forfeiture and disposition of the Forfeitable Property;

(2) Waives the requirements of Federal Rules of Criminal

Procedure 32.2 and 43(a) regarding notice of forfeiture in the charging


instrument, announcement of the forfeiture in his presence at sentencing, and
incorporation of the forfeiture in the Judgment;

(3) | Acknowledges that he understands that forfeiture of the
Forfeitable Property will be part of the sentence imposed upon him in this case
and waives any failure by the Court to advise the defendant of this, pursuant to
Federal Rule of Criminal Procedure 11(b)(1)(J), during the plea hearing;

(4) Will, pursuant to Rule 32.2(b)(3), promptly consent to the
finalization of the order of forfeiture before sentencing if requested by the
Government to do so;

(5) Waives, and agrees to hold the United States and its agents
and employees harmless from, any and all claims whatsoever in connection
with the seizure, forfeiture, and disposal of the Forfeitable Property described
above;

(6) Waives all constitutional and statutory challenges of any
kind to any forfeiture carried out pursuant to this consent judgment;

(7) | Agrees to cooperate in resolving third-party claims in favor of
the United States,
and for good and sufficient cause shown;

It is hereby ORDERED, ADJUDGED, AND DECREED:
THAT the herein described asset, namely one black 2007 Acura RDX,

VIN: 5J8TB18557A011899 is hereby forfeited to the United States of America