IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA v. SCOTT CORY NEWBERRY, Defendant.
No CR 05-373-KI
NOTICE IS HERBY GIVEN that on January 17, 2006, in the above-captioned case, the United States District Court for the District of Oregon entered a Preliminary Order of Forfeiture and Final Order of Forfeiture as to Defendant Scott Court Newberry, condemning and forfeiting the following property to the United States of America:
$85, 000.00 in United States currency and a 1996 Dodge 4-wheel drive pick-up, VIN#3B7HF13Y5TM183745.
YOU ARE HEREBY NOTIFIED that the United States intends to dispose of this property in such manner as the United States Secretary of treasury may direct.
Pursuant to 21 U.S.C. S 853(n)(2), as incorporated by 18 U.S.C. S 982(b)(1)(B),, if you have a legal interest in this property, WITHIN THIRTY (30) DAYS of the final publication of this notice or of the receipt of actual notice, whichever is earlier, you must petition the United States District Court for the District of Oregon, 1000 SW Third Avenue, Room 740, Portland, Oregon 97204, for a hearing to adjudicate the validity of your alleged legal interest in this property. If a hearing is requested, it shall be held before the Court alone, without a jury.
THE PETITION must be signed by the petitioner under penalty of perjury, as established in Title 28 U.S.C. S 1746, and shall set forth the nature and extent of your right, title or interest in each item of property, the time and circumstances of your acquisition of the right, title or interest in each item of property and any additional facts supporting your claim and the relief sought.
A copy of the petition should be served on Assistant United States Attorney Leslie J. Westphal, United States Courthouse, 1000 SW Third Avenue, Room 740, Portland, Oregon 97204.
Pursuant to 21 U.S.C. S 853(n)(2), as incorporated by 18 U.S.C. S982(b)(1)(B), NEITHER A DEFENDANT IN THE ABOVE-STYLED CASE NOR HIS AGENT IS ENTITLED TO FILE A PETITION.
ANY HEARING on your petition shall, to the extent practicable and consistent with the interests of justice, be held in thirty (30) days of the filing of your petition. the Court may consolidate your hearing on the petition with any other hearings requested on any other petitions filed by any other person other than the defendant named above.
YOU HAVE THE RIGHT at the hearing to testify and present evidence and witnesses on your own behalf and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the Court shall consider the relevant portions of the record of the criminal cases which resulted in the Preliminary Order of Forfeiture. If, after the hearing, the Court determines that the petitioner has established by a preponderance of the evidence that: (a) the petitioner has a legal right, title or interest of the defendant at the time of the commission of the acts which gave rise tot he forfeiture of the property; or (b) the petitioner is a bona fide purchaser for value of the right, title or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture; the Court shall amend the Preliminary Order of forfeiture in accordance with its determination.
IF YOU FAIL TO FILE A PETITION TO ASSERT YOUR RIGHT, TITLE OR INTEREST IN THE ABOVE-DESCRIBED PROPERTY WITHIN THIRTY (30) DAYS OF THIS NOTICE, YOUR RIGHT, TITLE AND INTEREST IN THIS PROPERTY SHALL BE LOST AND FORFEITED TO THE UNITED STATES OF AMERICA.
Legal SNP#7598
January 31. 2006