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On November 4, 1998, a jury convicted petitioner (among
others) of executing a telemarketing scheme in violation of 18
U.S.C. secs. 1341 (mail fraud) and 1343 (wire fraud), of
conspiring to launder the proceeds of the scheme in violation of
18 U.S.C. sec. 1956(h), and of laundering those proceeds in
violation of 18 U.S.C. secs. 1956(a)(2)(B) and 1957(a). On
November 5, 1998, the United States District Court for the Middle
District of Florida (the District Court) submitted the criminal
forfeiture count to the jury, which returned a special verdict
finding that certain real and personal property, including
numerous bank accounts, was subject to forfeiture. As part of
its determination, the jury concluded that, because it was
traceable to petitioner’s criminal acts, the $2 million
remittance was subject to forfeiture. The jury also concluded
that the $2 million petitioner had transferred to the legal trust
fund established to pay his criminal attorneys, including Mr.
Bailey, was forfeitable, since it was also traceable to
petitioner’s criminal acts. On December 16, 1998, pursuant to
the jury’s determination on the forfeiture count, the District
Court entered a forfeiture order (the forfeiture order),
requiring forfeiture of, among other things, the $2 million
remittance.
Petitioner was sentenced on January 25, 1999. Petitioner
appealed his conviction and sentence to the Court of Appeals for
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Last modified: May 25, 2011