NOTICE OF FORFEITURE THE GRAND JURY FURTHER CHARGES THAT:
1. As a result of the violations of Title 15, United States Code, Sections 78j(b), 78ff and Title 17 Code Federal Regulations § 240.10b-5 set forth in this superseding indictment, defendant JAMES PLANT shall forfeit to the United States of America any property, real or personal, that constitutes or is derived from proceeds traceable to the commission of such offenses, including, but not limited to, the sum of $3.5 million.
2. If any of the property subject to forfeiture, 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;
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it is the intent of the United States, pursuant to Title 28, United States Code, Section 2461(c), incorporating Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of the defendant up to the value of the property subject to forfeiture.
All pursuant to Title 28, United States Code, Section 2461(c) and Title 18, United States Code, Section 981(a)(1)(C).
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