If I lost money as a result of this; say I bought the stocks in question during the pump and dump for lack of a better term; can I file a third party claim to my loss?
The filing seems to suggest I may have a chance of getting my loss back?
5. The United States shall publish notice of the Order and its intent to dispose of the property in such a manner as the Secretary of the Treasury (or a designee) may direct. The United States may also, to the extent practicable, provide written notice to any person known to have an alleged interest in the Subject Property;
6. Any person, other than the above named defendant, asserting a legal interest in the Subject Property may, within thirty days of the final publication of notice or receipt of notice, whichever is earlier, petition the Court for a hearing without a jury to adjudicate the validity of his alleged interest in the Subject Property, and for an amendment of the order of forfeiture, pursuant to 18 U.S.C. § 982(b)(l);
7. Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2);
8. Any petition filed by a third party asserting an interest in the Subject Property shall 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 Subject Property, the time and circumstances of the petitioner’s acquisition of the right, title or interest in the Subject Property, any additional facts supporting the petitioner’s claim, and the relief sought;
9. After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(l)(A) and before a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual issues;
10. The United States shall have clear title to the Subject Property following the Court’s disposition of all third-party interests, or, if none, following the expiration of the period provided in 18 U.S.C. § 982(b) for the filing of third party petitions;