U.S. v. Mann

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Pioneer Bank (“Pioneer” or “Pioneer Bank”) and Cachet Financial Services (“Cachet”) (together, “Petitioners”) have filed petitions in which they assert claims to various assets identified in the preliminary order of forfeiture. Dkt. No. 54 (“Pioneer’s Petition”); Dkt. No. 120 (“Cachet’s Amended Petition”) (together, “Petitions”); see also Dkt. No. 35 (“Preliminary Order of Forfeiture”). The Government has filed two separate motions to dismiss these Petitions. Dkt. No. 65-1 (“Motion to Dismiss Pioneer’s Petition”); Dkt. No. 121 (“Motion to Dismiss Cachet’s Amended Petition”). On October 14, 2022, the Honorable Daniel J. Stewart, United States Magistrate Judge, issued a Report-Recommendation addressing these motions to dismiss. Dkt. No. 132 (“Report-Recommendation”). In his Report-Recommendation, Judge Stewart has recommended that (1) the Motion to Dismiss Pioneer’s Petition be denied in part and granted in part; (2) the Motion to Dismiss Cachet’s Amended Petition be denied, and (3) the matters that remain proceed to a hearing pursuant to 21 U.S.C. §853(n). R. & R. at 2. Now before the Court is Pioneer’s objection to Judge Stewart’s Report-Recommendation. Dkt. No. 135 (“Pioneer’s Objection”). In particular, Pioneer objects to Judge Stewart’s recommendation that its second claim be dismissed. See Pioneer’s Obj. at 2. No other party objected to the Report-Recommendation within the time allotted by statute. See 28 U.S.C. §636(b)(1). After the Court granted the Government two extensions, see Dkt. Nos. 138, 140, the Government filed a response to Pioneer’s Objection, Dkt. No. 141 (“Government Response”). For the reasons set forth below, the Court affirms Judge Stewart’s conclusions, but adopts different reasoning. II. BACKGROUND A. Factual Background The following relevant facts are set forth (1) as alleged by the Government, see Dkt. No. 28 (“Charge Information”)

1-47, (2) as stipulated by Defendant in his plea agreement, see Dkt. No. 30 (“Plea Agreement”) at 6-18, (3) as alleged in Pioneer’s Petition, see Pioneer’s Pet.