Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Preston

United States District Court, D. Columbia.

August 24, 2015

UNITED STATES OF AMERICA
v.
NANCY PRESTON, Defendant

          For NANCY PRESTON, Defendant: Jonathan Shapiro, LEAD ATTORNEY, PRO HAC VICE, GREENSPUN, SHAPIRO, DAVIS & LEARY, P.C., Fairfax, VA; Peter D. Greenspun, LEAD ATTORNEY, GREENSPUN SHAPIRO, PC, Fairfax, VA.

         For JAMES PRESTON, LAURA PRESTON, Movants: Mariam Wagih Tadros, LEAD ATTORNEY, REES BROOME, PC, Tysons Corner, VA.

         For USA, Plaintiff: Virginia Cheatham, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA, Washington, DC; Anthony D. Saler, U.S. ATTORNEY'S OFFICE, Criminal Division, Washington, DC.

         Re Document No.: 59

Page 25

         MEMORANDUM OPINION

         Granting Government's Motion to Dismiss Laura Preston's Co-Petition

         RUDOLPH CONTRERAS, United States District Judge.

         I. INTRODUCTION

         Defendant Nancy Preston (" Ms. Preston" ) was convicted of Mail Fraud in violation of 18 U.S.C. § 1341, and on December 12, 2014, this Court entered a Final Order of Forfeiture forfeiting $239,069 to the United States in the form of a money judgment pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). See Final Order of Forfeiture (" Final Order" ), ECF No. 22. On June 17, 2014, the Court amended the Final Order pursuant to Federal Rule of Criminal Procedure 32.2(e)(2)(A) to include as substitute property pursuant to 21 U.S.C. § 853(p) cash in one Merrill Lynch account held by Ms. Preston's husband, James Preston, and certain securities in a separate Merrill Lynch account held by the James W. Preston Trust (the " Trust" ). See Fourth Amended Order of Forfeiture (" Fourth Amended Order" or " Order of Forfeiture" ), ECF No. 43. On July 29, 2014, James Preston filed a Petition asserting an interest in the substitute property pursuant to Federal Rule of Criminal Procedure 32.2 and 21 U.S.C. § 853(n). See James W. Preston's Petition Asserting an Interest in Property (" Mr. Preston's Petition" ), ECF No. 48. On August 25, 2014, Laura Preston, the daughter of Mr. Preston and alleged beneficiary of the Trust Account, filed a separate Petition asserting an interest in the substitute property held by the Trust which incorporates Mr. Preston's Petition in its entirety. See Laura Preston's Co-Petition Asserting an Interest in Property (the " Petition" ), ECF No. 56.

         The Government has filed a motion to dismiss the Petition. See Mot. Dismiss Laura Preston's Co-Petition (" Motion to Dismiss" ), ECF No. 59. For the reasons explained below, the Court will grant the Government's motion.

         II. FACTUAL BACKGROUND[1]

         From approximately 1992 to September 2011, Ms. Preston was the Corporate Controller for Clyde's Restaurant Group (" Clyde's" ). See Statement of the Offense at 1, ECF No. 6. On January 9, 2012, Ms. Preston confessed to agents of the Federal Bureau of Investigation (" FBI" ) that she had embezzled hundreds of thousands of

Page 26

dollars from Clyde's. See Decl. Supp. Gov't's Mot. Amend Order Forfeiture ¶ 4, ECF No. 42-1.

         A statement for Merrill Lynch account number XXX-X3888 held by the Trust (the " Trust Account" ) indicates that the Trust was formed under an agreement dated eleven days after Ms. Preston's confession. See Mr. Preston's Petition Ex. 3, ECF No. 48-1.[2] Laura Preston alleges that she is the beneficiary of the Trust Account and that Mr. Preston is the trustee of the Trust Account. See Petition at 1. Three days later, on January 23, 2012, various securities (the " Securities" ) were transferred from Merrill Lynch account number XXX-X1295 held by Ms. Preston (" Ms. Preston's 1295 Account" ) to a separate account held by Mr. Preston, Merrill Lynch account number XXX-X1299 (" Mr. Preston's 1299 Account" ). Mr. Preston's Petition at 2; Mr. Preston's Petition Ex. 1 at 10.[3] In his Petition, Mr. Preston alleges that " [t]he reason for the transfers is simple: Once Merrill Lynch discovered Mrs. Preston's criminal activity, it closed her account, forcing Mrs. Preston to transfer her funds to Mr. Preston's account." Mr. Preston's Petition at 2. Soon ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.