Spongetech Delivery Systems, Inc. (fka SPNGQ)

[scion]

7. The defendant agrees that the entry and payment of the Forfeiture Money Judgment and forfeiture of the Forfeited Stock shall not be considered payments of fines, penalties, restitution loss amounts, or of income taxes that may be due, and shall survive bankruptcy.

8. Upon entry of this Preliminary Order, the United States Attorney General or his designee is authorized to seize the Forfeited Stock, to conduct any proper discovery pursuant to Fed. R. Crim. P. 32.2(b)(3) and (c), and to commence any applicable proceeding to comply with statutes governing third party rights, including giving notice of this Order.

9 . The United States shall publish notice of this Preliminary Order and notice of its intent to dispose of the Forfeited Stock in such a manner as the Attorney General or his designee may direct, on the government website www.forfeiture.gov, in accordance with the custom and practice in this district. The United States may, to the extent practicable, provide direct written notice to any person known or alleged to have an interest in the Forfeited Stock as a substitute for published notice as to those persons so notified.

10. Any person, other than the defendant, asserting a legal interest in the Forfeited Stock may, within thirty (30) days of the final publication of notice or receipt of notice, or no later than sixty (60) days after the first day of publication on an official internet government forfeiture site, whichever is earlier, petition the Court for a hearing without a jury to adjudicate the validity of his or her alleged interest in the property, and for an amendment of the order of forfeiture, pursuant to 21 U.S.C. § 853(n)(6). Any petition filed in response to notice of the forfeiture of the Forfeited Stock must 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 property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought.


OCR extract -
Doc 364-1 PDF file
http://www.scribd.com/doc/217659954/USA-v-Metter-Et-Al-Doc-364-1-Filed-10-Apr-14