Opinion
BENJAMIN B. WAGNER, United States Attorney, MICHAEL M. BECKWITH, KEVIN C. KHASIGIAN Assistant U.S. Attorneys, Sacramento, CA.
PRELIMINARY ORDER OF FORFEITURE
TROY L. NUNLEY, District Judge.
Based upon the plea agreement entered into between plaintiff United States of America and defendant Deepal Wannakuwatte it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), defendant Deepal Wannakuwatte's interest in the property listed in Exhibit A attached hereto shall be condemned and forfeited to the United States of America, to be disposed of according to law.
2. The property listed in Exhibit A attached hereto constitutes property, real or personal, derived from proceeds traceable to a violation of 18 U.S.C. § 1343 - Wire Fraud.
3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the property listed in Exhibit A attached hereto. The property listed in Exhibit A attached hereto shall be seized by the Federal Bureau of Investigation and/or the Internal Revenue Service - Criminal Investigation ("IRS"), and held by the U.S. Marshals Service and/or the IRS, in its secure custody and control.
4. a. Pursuant to 28 U.S.C. § 2461(c) and Local Rule 171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice of the Attorney General's (or a designee's) intent to dispose of the property in such manner as the Attorney General may direct shall be posted for at least 30 consecutive days on the official internet government forfeiture site www.forfeiture.gov. 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.
b. This notice shall state that any person, other than the defendant, asserting a legal interest in the property listed in Exhibit A attached hereto, must file a petition with the Court within sixty (60) days from the first day of publication of the Notice of Forfeiture posted on the official government forfeiture site, or within thirty (30) days from the receipt of direct written notice, whichever is earlier.
5. If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), in which all interests will be addressed.
SO ORDERED.
Exhibit A
Real Property located at:
1. 14 Fig Leaf Court, Sacramento, CA (Sacramento County), APN: XXX-XXXX-XXX-XXXX;
2. 1933 Richmond Street, Sacramento, CA (Sacramento County), APN: XXX-XXXX-XXX-XXXX;
3. 2120 22nd Avenue, Sacramento, CA (Sacramento County), APN: XXX-XXXX-XXX-XXXX;
4. 31660 County Road 27, Woodland, CA (Yolo County), APN: XXX-XXX-XXX-XXX;
5. 5111 Pleasant Drive, Sacramento, CA (Sacramento County), APN: XXX-XXXX-XXX-XXXX;
6. 5231 Pleasant Drive, Sacramento, CA (Sacramento County), APN: XXX-XXXX-XXX-XXXX;
7. 5131 S. Land Park Drive, Sacramento, CA (Sacramento County), APN: XXX-XXXX-XXX-XXXX;
8. 940 44th Street, Sacramento, CA (Sacramento County), APN: XXX-XXXX-XXX-XXXX;
9. 30562 Old Coast Road, Gold Beach, OR (Curry County), Map No. 36-15-25BB, Tax Lot No. 2000;
10. 62-3955 Kaunaoa Iki Road, #6A, Kamuela, HI (Hawaii County), Tax Map Key: (3) X-X-XXX-XXX;
11. 879 F Street, West Sacramento, CA (Yolo County), APN: XXX-XXX-XXX-XXX;
Vehicles described as:
12. a 2008 Infiniti M45S, VIN: JNKBY01EX8M500746, CA Plate: 6GLR121;
13. a 2003 BMW X5 (Wagon), VIN: 5UXFB93513LN79937, CA Plate: 5ATD906;
Financial Accounts described as:
14. Approximately $150, 000.00 held in a California Bank and Trust certificate of deposit, account number CD XXXXXXXXXX;
15. Approximately $394.49 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of Capital Sports Management, LLC;
16. Approximately $356.49 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of Clover Ranch, LLC;
17. Approximately $625.23 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of DBS Air, LLC;
18. Approximately $4, 466.35 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of Deepal S. and Betsy K. Wannakuwatte;
19. Approximately $84.22 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of Deepal Wannakuwatte & David L. Gordon;
20. Approximately $2, 056.86 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of Jamestown Health & Medical Supply Co, LLC;
21. Approximately $76.02 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of JTS Communities, Inc.;
22. Approximately $304.53 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of SKW Trading & Marketing/Sarah K. Wannakuwatte;
23. Approximately $38.51 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of SKW Trading & Marketing/Sarah K. Wannakuwatte;
24. Approximately $490.00 held in California Bank and Trust account number XX-XXXXXX-XX, held in the name of Wannas Serendipity Charitable Foundation;
25. Approximately $44.23 held in East West Bank account number XX-XXXXXXXXX, held in the name of Deepal S. or Betsy K. Wannakuwatte;
26. Approximately $52.00 held in East West Bank account number XX-XXXXXXXX, held in the name of Denniston DB, LLC;
27. Approximately $68, 348.28 held in East West Bank account number XX-XXXXXXXX, held in the name of International Manufacturing Group, Inc.;
28. Approximately $37, 668.48 held in Farmers and Merchants Bank account number XX-XXXXXX-XX, held in the name of International Manufacturing Group/dba Relyaid/dba Relyaid Tattoo Supply/dba Desco Dental;
29. Approximately $72.09 held in First Hawaiian Bank account number XX-XXXXXX, held in the name of Deepal S. & Betsy K. Wannakuwatte;
30. Approximately $134.45 held in North Valley Bank account number XXXXXXXXXX, held in the name of International Manufacturing Group, Inc.;
31. Approximately $219.71 held in Bank of the West account number XXX-XXX-XXXXXX, held in the name Betsy K. Wannakuwatte;
32. Approximately $3, 280.74 held in Bank of the West account number XXX-XXX-XXXXX, held in the name Deepal S. Wannakuwatte;
33. Approximately $17, 127.29 held in Bank of the West account number XXX-XXXXXX, held in the name Olivehurst Glove Manufacturers LLC;
34. Approximately $27, 212.22 held in American Funds/The Capital Group account number XXXXXXXX, held in the name Deepal Wannakuwatte;
Insurance Policies described as:
35. Cash value of Nationwide life insurance policy number XX-XXXXXXX, held in the name Deepal Wannakuwatte, valued at approximately $25, 258.51;
36. Cash value of Nationwide life insurance policy number N100446510, held in the name Deepal and Betsy Wannakuwatte Irrevocable Trust, valued at approximately $24, 831.08;
37. Cash value of Nationwide life insurance policy number N600006930, held in the name International Manufacturing Group, Inc., valued at approximately $104, 469.67;
Checks and Money Orders described as:
38. Check number 1581 for $10, 500.00 dated March 3, 2014, and made payable to Olivehurst Glove Manufacturing, LLC;
39. Check number 06331158 for $564.56 from the U.S. Treasury dated March 4, 2014, and made payable to Olivehurst Glove Manufacturers, LLC;
40. Check number 018012 for $600.00 dated February 6, 2014, and made payable to Deepal S. and Betsy K. Wannakuwatte;
41. Check number 015041 for $648.65 dated February 6, 2014, and made payable to Deepal S. and Betsy K. Wannakuwatte;
42. Check number XXXXXXXXXX for $1, 300.00 dated April 10, 2014, and made payable to Betsy Wannakuwatte;
43. Personal money order number XXXXXXXXXX for $377.00 dated April 4, 2014, with "Pay to the order of" left blank;
44. Personal money order number XXXXXXXXXX for $755.00 dated April 4, 2014, and made payable to Betsy Wannakuwatte;
Other Assets described as:
45. River Bend Park Apartments, LLC; Entity Number: XXXXXXXXXXXX;
46. 1235 Glenhaven Court, LCC, Entity Number: XXXXXXXXXXXX; and
47. Cash value of any federal or state income tax refunds due in relation to any federal or state tax returns, either corporate or personal, filed by the defendant between 2002 and 2014.