48
Opinion of the Court
forfeiture is going to take regular money and illegal money under the substitute assets" provision of § 853. Id., at 149.
In view of the plea agreement, the indictment, and the amended restraining order, the trial judge issued an order forfeiting to the Government the Wyoming lot, both condominiums, both automobiles, $8,000 in cash proceeds of Libretti's drug transactions, the diamond ring, the mobile home, all firearms, an IRA account, three bank accounts, bonds, two GNMA certificates, and several cashier's and traveler's checks. One check was ordered forfeited as a substitute asset "for assets dissipated and otherwise expended by Libretti." Id., at 162.
It is not, as Libretti maintains, implausible that the court concluded on the record before it that the forfeiture order was appropriate. Following Libretti's objection to the forfeiture order for lack of factual foundation, the trial judge replied that "the evidence that I heard before me in the two [sic] days of trial I think is sufficient to warrant the granting of forfeiture." Id., at 154. We cannot say that the District Judge, despite his subsequent uncertainty, erred in issuing the forfeiture order on the facts before him.
III
Libretti also challenges the adequacy of his waiver of a jury determination as to the forfeitability of his property under Federal Rule of Criminal Procedure 31(e). The right, he argues, has both a constitutional and a statutory foundation, and cannot be waived absent specific advice from the district court as to the nature and scope of this right and an express, written agreement to forgo the jury determination on forfeitability. We disagree.
Federal Rule of Criminal Procedure 31(e) provides that, "[i]f the indictment or the information alleges that an interest or property is subject to criminal forfeiture, a special verdict shall be returned as to the extent of the interest or property subject to forfeiture, if any." Libretti would have
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