If the order directs the defendant to forfeit specific property, it remains preliminary as to third parties until the ancillary proceeding is concluded under Rule 32.2(c). At sentencing-or at any time before sentencing if the defendant consents-the preliminary forfeiture order becomes final as to the defendant. The court may include in the order of forfeiture conditions reasonably necessary to preserve the property's value pending any appeal. The entry of a preliminary order of forfeiture authorizes the Attorney General (or a designee) to seize the specific property subject to forfeiture to conduct any discovery the court considers proper in identifying, locating, or disposing of the property and to commence proceedings that comply with any statutes governing third-party rights. (iii) states that the order will be amended under Rule 32.2(e)(1) when additional specific property is identified or the amount of the money judgment has been calculated. (ii) describes other property in general terms and If, before sentencing, the court cannot identify all the specific property subject to forfeiture or calculate the total amount of the money judgment, the court may enter a forfeiture order that: Unless doing so is impractical, the court must enter the preliminary order sufficiently in advance of sentencing to allow the parties to suggest revisions or modifications before the order becomes final as to the defendant under Rule 32.2(b)(4). Determining whether a third party has such an interest must be deferred until any third party files a claim in an ancillary proceeding under Rule 32.2(c). The court must enter the order without regard to any third party's interest in the property. If the court finds that property is subject to forfeiture, it must promptly enter a preliminary order of forfeiture setting forth the amount of any money judgment, directing the forfeiture of specific property, and directing the forfeiture of any substitute property if the government has met the statutory criteria. If the forfeiture is contested, on either party's request the court must conduct a hearing after the verdict or finding of guilty. The court's determination may be based on evidence already in the record, including any written plea agreement, and on any additional evidence or information submitted by the parties and accepted by the court as relevant and reliable. If the government seeks a personal money judgment, the court must determine the amount of money that the defendant will be ordered to pay. If the government seeks forfeiture of specific property, the court must determine whether the government has established the requisite nexus between the property and the offense. As soon as practical after a verdict or finding of guilty, or after a plea of guilty or nolo contendere is accepted, on any count in an indictment or information regarding which criminal forfeiture is sought, the court must determine what property is subject to forfeiture under the applicable statute. (b) Entering a Preliminary Order of Forfeiture. The indictment or information need not identify the property subject to forfeiture or specify the amount of any forfeiture money judgment that the government seeks.

The notice should not be designated as a count of the indictment or information.

A court must not enter a judgment of forfeiture in a criminal proceeding unless the indictment or information contains notice to the defendant that the government will seek the forfeiture of property as part of any sentence in accordance with the applicable statute.

Send us feedback about these examples.(a) Notice to the Defendant. These examples are programmatically compiled from various online sources to illustrate current usage of the word 'bill of particulars.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Dale Ellis, Arkansas Online, 20 July 2023 Philip Jankowski, Dallas News, 25 July 2023 On July 6, Rosenzweig had filed a motion for order requesting a bill of particulars from Wilson laying out the details of his show cause order. 2023 Defense attorneys file bills of particulars when the criminal charges against defendants are vague to minimize surprises during trial. Solicitor General Neal Katyal pointed out, and the bill of particulars seemed clearly aimed at showing that Trump himself directly violated the law. 2023 The former President’s name is mentioned more than a hundred and ninety times in the indictment, as the former acting U.S. 2014 However, that was only a part of the Democratic bill of particulars. Hussein Ibish, Foreign Affairs, 11 Jan. Recent Examples on the Web His name quickly conjures the worst massacres, deepest pro-settlement fanaticism, and most extreme nationalistic provocations in the Palestinian bill of particulars against Israel.

Bill of particulars criminal