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FOR IMMEDIATE RELEASE Thursday, August 26, 2021

U.S. Attorneys » Northern District of Georgia » News

Department of Justice

U.S. Attorney’s Office

Northern District of Georgia

Florida man charged with stealing over $12 million in fundsintended to be used to buy Personal Protective Equipment

ATLANTA – Brian Sperber has been indicted for defrauding personal protective equipment (“PPE”)

purchasers out of more than $12 million during the COVID-19 pandemic, money which Sperber then

allegedly used to fund his own lifestyle, including by purchasing a multi-million-dollar waterfront

mansion.

“While others were marshalling limited medical resources to confront the COVID-19 pandemic, Sperber

allegedly lined his pockets with stolen money that was intended to purchase lifesaving PPE for hospitals

and medical institutions,” said Acting U.S. Attorney Kurt R. Erskine. “As the effects of the COVID-19

pandemic continue, this office will aggressively pursue those individuals who steal funds intended to be

used to purchase critical medical equipment.”

“Sperber allegedly took advantage of companies trying to direct personal protective equipment to those

protecting themselves against a deadly virus,” said Chris Hacker, Special Agent in Charge of FBI Atlanta.

“Profiting from others’ hardships is something the FBI is determined to stop and will be a priority for our

investigators during this pandemic.”

According to Acting U.S. Attorney Erskine, the charges, and other information presented in court: Brian

Sperber, who was a distributor of PPE, allegedly embezzled over $12 million from customers seeking to

purchase PPE during the COVID-19 pandemic. Sperber and a co-conspirator are alleged to have

repeatedly sent customers falsified invoices, emails, and other documents to make them believe that

their orders were on the way when in fact Sperber and his co-conspirator had misappropriated the funds.

Even though he was aware hospital and medical institutions needed this PPE as the pandemic worsened

in early 2020, Sperber allegedly used millions of dollars’ of his victims’ funds for his own personal use,

Florida man charged with stealing over $12 million in funds intended to ... https://www.justice.gov/usao-ndga/pr/florida-man-charged-stealing-over...

1 of 2 8/27/2021, 1:45 PM

which included purchasing a multi-million dollar waterfront mansion in Boca Raton, Florida.

Brian Sperber, 44, of Boca Raton, Florida was charged with one count of conspiracy to commit wire

fraud, four counts of wire fraud, one count of conspiracy to commit money laundering, and four counts of

money laundering. Sperber will be arraigned at a later date in the Northern District of Georgia.

Members of the public are reminded that the indictment only contains charges. The defendant is

presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt

beyond a reasonable doubt at trial.

This case is being investigated by the Federal Bureau of Investigation.

Assistant U.S. Attorney Thomas J. Krepp is prosecuting the case, and Assistant U.S. Attorney Sekret T.

Sneed, Chief of the Asset Forfeiture and Money Laundering Section, is handling the forfeiture associated

with this case.

For further information please contact the U.S. Attorney’s Public Affairs Office at

[email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office

for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

Topic(s):

Coronavirus

Component(s):

USAO - Georgia, Northern

Updated August 26, 2021

Florida man charged with stealing over $12 million in funds intended to ... https://www.justice.gov/usao-ndga/pr/florida-man-charged-stealing-over...

2 of 2 8/27/2021, 1:45 PM

ORIGIN LFILED IN OPEN COURT

U.S.D.C. -Atlanta

4111 25

IN THE UNITED STATES DISTRICT COURT KEVIN p.

FOR THE NORTHERN DISTRICT OF GEORGIAATLANTA DIVISION

UNITED STATES OF AMERICA

Criminal Indictment

BRIAN SPERBER No. 1 C R 3 28

THE GRAND JURY CHARGES THAT:

Background

At all times relevant to this Indictment:

Relevant Entities

1. O&M Halyard, Inc., (hereinafter “O&M Halyard”) a subsidiary of

Owens & Minor, Inc., was a Virginia corporation that maintained its principal

place of business in Alpharetta, Georgia, within the Northern District of Georgia.

O&M Halyard was a manufacturer and wholesale distributor of surgical and

other medical instruments, as well as healthcare and safety equipment, such as

personal protective equipment (“PPE”).

2. Dukal was a New York corporation that maintained its principal

place of business in Ronkonkoma, New York. Dukal was a medical supply and

medical product manufacturer of healthcare and safety equipment, such as PPE.

3. The defendant, BRIAN SPERBER, owned a healthcare distributor

located in Florida named Ark GBST that distributed PPE on behalf of O&M

Halyard. SPERBER also directly or indirectly controlled a number of other

Jerk

Case 1:21-cr-00328-UNA Document 1 Filed 08/25/21 Page 1 of 19

corporate entities, including A Rose RE, Ark Medical Solutions, Noahs Rose,

Now We R 4, Roses Ark, and Secure Medical Products.

4. Co-conspirator A owned Entity A, a logistics company located in

Florida that provided logistical services for Ark GBST. Entity A also procured

PPE for customers largely through its relationship with SPERBER’s various

companies.

5. Victim A, which was located in New York, was a broker that

imported and exported a variety of goods both domestically and internationally.

During the COVID-19 pandemic, Victim A sought to procure PPE for Chinese

hospital and medical institutions.

6. Victim B, which was located in Florida, was a pharmaceutical and

medical products wholesaler. During the COVID-19 pandemic, Victim B sought

to procure PPE for an international healthcare company which was facing a

critical shortage of N95 masks and other PPE during the early months of the

pandemic.

Counts One Through FourWire Fraud

(18 U.S.C. § 1343 and § 2)

7. The Grand Jury re-alleges and incorporates by reference the factual

allegations contained in paragraphs 1 through 6 of this Indictment as if fully set

forth herein.

8. Beginning in or about 2019 and continuing until in or about July

2021, the exact dates umknown, the defendant, BRIAN SPERBER, aided and

abetted by Co-conspirator A, knowingly devised and intended to devise a

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scheme and artifice to defraud, and to obtain money and property by means of

materially false and fraudulent pretenses, representations, and promises, and by

omission of material facts, well knowing and having reason to know that said

pretenses, representations, and promises were false and fraudulent when made

and caused to be made and that said omissions were and would be material.

Manner and Means

9. The defendant, BRIAN SPERBER, engaged in a scheme to defraud a

PPE supplier as well as victims who sought to procure PPE for hospital and

medical institutions. Through a combination of falsified invoices, emails, and

other documents, SPERBER defrauded prospective PPE purchasers out of more

than $12 million, much of which he used for his own personal benefit, which

included purchasing a waterfront mansion in early 2020. SPERBER continued

his scheme to defraud even though he was well aware that hospital and medical

institutions were desperate for PPE, such as N95 masks, as the COVID-19

pandemic raged across the world. After his fraud was uncovered, SPERBER

responded by threatening the PPE supplier with a press release falsely accusing

the supplier of fraud and by continuing to lie about his embezzlement.

Sperber failed to pay O&M Halyard for previously shipped PPE

10. Almost as soon as he became an authorized O&M Halyard

distributor in September 2019, SPERBER failed to pay for previously shipped

PPE. O&M Halyard employees repeatedly told SPERBER that he needed to pay

down his outstanding balance in order to remain an authorized distributor. For

instance, on December 28, 2019, an O&M Halyard employee sent SPERBER an

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email telling him O&M Halyard needed $261,000 by the end of the year. By

February 2020, O&M Halyard employees told SPERBER that they would no

longer distribute PPE through his company if he didn’t make timely payments.

Sperber sent fabricated emails that convince Victim A to wire him over $3million

11. Despite being notified that he owed substantial sums of money to

O&M Halyard, SPERBER and Co-conspirator A sent fabricated O&M Halyard

emails and invoices to Victim A that falsely claimed O&M Halyard had an ample

supply of N95 masks that was ready to be shipped to SPERBER. As a result of

these misrepresentations, Victim A wired $3,144,960 to Entity A for the purchase

of N95 masks with an expected ship date of February 12, 2020. Co-Conspirator A

used approximately $875,000 of those funds to purchase a condominium in

Lauderdale by the Sea, Florida. Co-conspirator A then wired $1,865,750 to

SPERBER, who used those funds to pay down an outstanding balance of over

$1 million on previous orders with O&M Halyard. However, SPERBER and Co

conspirator A led Victim A to believe that the funds were being used to purchase

new PPE for Victim A. To that end, on February 10, 2020, Co-conspirator A sent

a text message to Victim A with a fabricated banking statement that falsely

claimed Entity A had wired nearly $3 million to O&M Halyard.

12. By February 13, 2020, Victim A still had not received any PPE and

asked Co-conspirator A for a status update. In response, Co-conspirator A sent

SPERBER an email stating, “You need to call me bro I have it set up where we

can talk while I’m In front and your acting as Omh It’s perfect to get us next

4


level.” By February 27,2020, Victim A still had not received its order of PPE. On

that same day, Co-conspirator A forwarded an email that SPERBER had

purportedly received from O&M Halyard stating, “I want you to understand

your order is confirmed....” Shortly after sending the email to Victim A, Co

conspirator A forwarded the email to SPERBER and wrote, “What I had to send

yesterday FYI.”

Sperber sent fabricated emails that convince Victim B to send him over$13 million

13. In early 2020, Victim B entered into negotiations with SPERBER for

the purchase of millions of dollars’ worth of PPE, including N95 masks.

SPERBER and Co-conspirator A led Victim B to believe that SPERBER could

acquire a substantial amount of PPE from O&M Halyard and Dukal. However,

SPERBER had by then been notified by O&M Halyard employees that an order

of that size was not possible. Furthermore, Dukal representatives had never

confirmed to SPERBER that they could deliver the quantities of PPE that

Victim B needed.

14. To convince Victim B into believing they had access to additional

quantities of PPE, Co-conspirator A displayed pallets of PPE in a warehouse.

Victim B thereafter gave a $2.8 million cashier’s check to an individual operating

on behalf of SPERBER. SPERBER delivered about $1 million worth of gloves to

Victim B and promised that the difference would be made up in subsequent

orders. On March 31, 2020, Victim B sent an additional $8.25 million to SPERBER


for the purchase of N95 masks. Finally, on May 1, 2020, Victim B sent an

additional $2.5 million to SPERBER for the purchase of N95 masks.

15. Despite receiving over $13 million from Victim B, and despite being

notified that that the hospital and medical institutions were in desperate need of

PPE as the COVID-19 pandemic worsened, SPERBER and Co-conspirator A sent

a series of false and misleading emails, invoices and messages falsely suggesting

that the PPE from O&M Halyard was set to be delivered. For instance, on

April 30, 2020, Victim B requested an update on his/her order, to which

SPERBER replied, “I expect this to move asap.” Then, on May 1, 2020, Co

conspirator A — copying SPERBER — forwarded an email to Victim B that had

purportedly been sent from O&M Halyard stating, “as discussed yesterday these

4 orders are now shipping.” However, SPERBER and Co-conspirator A knew this

email was fabricated and that O&M Halyard had not shipped Victim B’s orders.

16. SPERBER and Co-conspirator A also sent fabricated Dukal

documents and emails to Victim B puxportedly showing that Dukal had an

ample supply of N95 masks that was ready to ship. For instance, on May 1, 2020,

Co-conspirator A — copying SPERBER — forwarded an email to Victim B that was

purportedly sent by Dukal employee B.W. with the subject line “Dukal Corp

International sales ARK GBST May Allocation.” Co-conspirator A pressed Victim

B on making payments for N95 masks. Victim B immediately wired $2.5 million

to SPERBER to pay for the Dukal N95 masks. However, SPERBER and Co

conspirator A knew that the forwarded Dukal email was fabricated. In fact, as

SPERBER knew, B.W.’s last day at Dukal was April 29, 2020 (two days before the

6


email had supposedly been sent). Additionally, in an email to a Dukal

representative on May 4, 2020, SPERBER acknowledged that B.W. “had

mentioned the lack of inventory in existence.” On May 25, 2020, Victim B

emailed SPERBER and asked about the status of the Dukal N95 masks.

SPERBER responded by forwarding a fabricated Dukal spreadsheet that falsely

listed N95 masks as being available.

Sperber used his victims’ funds to pay down his debt to O&M Halyard

17. Throughout this timeframe, SPERBER misappropriated Victim A

and Victim B’s funds. At times, SPERBER used the victims’ funds to pay down

his outstanding balances with O&M Halyard that had been incurred prior to

February 2020. For instance, on April 13, 2020, SPERBER emailed an O&M

Halyard employee that “[w]e wired 50k today, I know we had a small invoice

coming due this week and we are also trying to expedite as much product as

possible to our markets so we are trying to pay down the line so we can continue

to work efficiently.” SPERBER failed to disclose that these funds had actually

come from a prospective PPE purchaser who was expecting a shipment of PPE.

18. On other occasions, SPERBER lied to O&M Halyard employees

about payments that he had not actually made. For instance, on June 10, 2020,

SPERBER emailed an O&M Halyard employee about a purported payment:

“Good morning, it was debited from our acct late Monday and you should have

seen it yesterday. I will follow up today at noon or so with you and if it is not in,

I will head to the bank” However, SPERBER had not made the payment that he

represented to O&M Halyard.

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Sperber embezzledfunds intended to be used to purchase PPE

19. Even though SPERBER knew that his victims were desperate for

PPE as the COVID-19 pandemic worsened, SPERBER used a substantial portion

of the victims’ funds for his own personal benefit. From March 26 to May 4,

2020, SPERBER used over $5.3 million of Victim B’s funds to purchase a

waterfront mansion in Boca Raton, Florida. And throughout the conspiracy,

SPERBER used Victim B’s funds for a variety of personal and business

expenditures, which included renting a private jet, purchasing jewelry, and

purchasing food at restaurants.

Sperber doubled down on his lies after his fraud is uncovered

20. By mid-2020, SPERBER’s fraud scheme had unraveled as victims

realized that SPERBER had not used their money to procure PPE. Yet SPERBER

responded by threatening O&M Halyard and by continuing to lie to Victim B

about his embezzlement.

21. Despite knowing that he had personally falsified O&M Halyard

documents and records, SPERBER directed his attorney to threaten O&M

Halyard with the release of a press release entitled, “Trump-Backed Owens &

Minor Committed Criminal PPE Extortion and Fraud, Suit Alleges” if O&M

Halyard failed to pay SPERBER a grand total of $184,000,000. SPERBER’s

counsel sent lengthy documents to O&M Halyard’s counsel alleging that

SPERBER was the victim of an extortion scheme and was due substantial sums of

money as “restitution.” Notably, the materials sent by SPERBER’s counsel failed


to disclose that SPERBER had fabricated O&M Halyard invoices, emails, and

other documents.

22. Additionally, despite knowing that he had used a significant portion

of Victim B’s money to buy his waterfront mansion, SPERBER continued to lie to

Victim B about his embezzlement. In December 2020, Victim B made a series of

recorded telephone calls with SPERBER. Victim B explicitly asked SPERBER if

his funds had been used to purchase the waterfront mansion. SPERBER claimed

that he had used money from the “first” deal (when Victim B had received a

partial order of gloves) to purchase the mansion. However, SPERBER adamantly

denied using any of the remaining funds to purchase the mansion. SPERBER

then and there knew this was false as he had used over $5.3 million of Victim B’s

funds to buy the mansion instead of to purchase PPE for the hospital and

medical institutions.

23. Even after learning he was under criminal investigation, SPERBER

initiated a lawsuit against O&M Halyard, falsely claiming — among other

things —that he was a victim and that he was entitled to $150,000,000 in damages.

Notably, SPERBER’s lawsuit failed to disclose that he had falsified O&M Halyard

invoices, emails, and other documents, and that he had used Victim B’s funds to

purchase a waterfront mansion and make other personal expenses instead of

procuring PPE for hospital and medical institutions while the COVID-19

pandemic raged across the world.


Execution of the Wire Fraud Scheme

24. On or about the dates listed below for each count, in the Northern

District of Georgia and elsewhere, the defendant, BRIAN SPERBER, aided and

abetted by Co-conspirator A, for the purpose of executing and attempting to

execute the aforementioned scheme and artifice to defraud, and to obtain money

and property by means of materially false and fraudulent pretenses,

representations, and promises, and by omission of material facts, did, with intent

to defraud, cause to be transmitted by means of a wire communication in

interstate and foreign commerce certain writings, signs, signals, and sounds,

namely, the following emails and text messages to O&M Halyard employees:

Count Date (on or Interstate Wireabout)

Count 1 May 26, 2020 On May 26, 2020, SPERBER sent an email to anO&M Halyard employee stating,“200k was initiated Friday to post to me. Iexpect it in tomorrow and you will see itfollowing day. Next wk you can expect thebalance.

Count 2 May 28, 2020 On May 28, 2020, SPERBER sent an email to anO&M Halyard employee stating, “I was toldby TD bank to expect it in tomorrow and I willalert you of the outbound wire so you cantrack it.”

Count 3 June 2, 2020 On June 2, 2020, SPERBER sent an email to anO&M Halyard employee stating, “I expectedfunds to be wired to us on Friday and theywere and we are expecting them to post to ustomorrow and we will be forwarding thebalance owed to Halyard.”

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Count 4 June 10, 2020 On June 10, 2020, SPERBER sent an email to anO&M Halyard employee stating, “Hi, it seemsthere may have been an issue with ouretreasury acct, we are new to is since Covidand rarely use it. If they can’t release fundstoday I will deposit a cashiers check at Chaseas we have done in the past.”

All in violation of Title 18, United States Code, Section 1343 and Section 2.

Count FiveConspiracy to Commit Wire Fraud

(18 U.S.C. § 1349)



forth herein.

26. Beginning in or about February 2020, and continuing until in or

about June 2020, the exact dates unknown, the defendant, BRIAN SPERBER, did

knowingly and willfully combine, conspire, confederate, agree, and have a tacit

understanding with Co-conspirator A, to devise and intend to devise a scheme

and artifice to defraud, and to obtain money and property, by means of

materially false and fraudulent pretenses, representations, and promises, and by

the omission of material facts, well knowing and having reason to know that said

pretenses, representations, and promises were and would be false and fraudulent

when made and caused to be made and that said omissions were and would be

material, and, in so doing, with the intent to defraud, caused interstate wire

11


communications to be made in furtherance of the scheme and artifice to defraud,

in violation of Title 18, United States Code, Section 1343.

All in violation of Title 18, United States Code, Section 1349.

Count SixMoney Laundering Conspiracy

(18 U.S.C. § 1956)



forth herein.

28. Beginning in or about February 2020, and continuing to on or about

June 2020, the exact dates unknown to the Grand Jury, in the Northern District of

Georgia and elsewhere, the defendant, BRIAN SPERBER, did knowingly

combine, conspire, and agree with Co-conspirator A, to commit offenses against

the United States in violation of Title 18, United States Code, Sections 1956 and

1957 to wit:

a. to knowingly conduct a financial transaction affecting interstate

commerce which involved the proceeds of specified unlawful

activity, that is, conspiracy to commit wire fraud, in violation of Title

18, United States Code, Section 1349, and wire fraud, in violation of

Title 18, United States Code, Section 1343, with the intent to promote

the carrying on of such specified unlawful activity and while

conducting and attempting to conduct such financial transactions

12


knew the property involved in the financial transaction represented

the proceeds of some form of unlawful activity; and

b. to knowingly engage and attempt to engage in a monetary

transaction by, through and to a financial institution, affecting

interstate commerce, such transaction knowingly involving

criminally derived property of a value greater than $10,000, such

property having been derived from a specified unlawful activity,

that is wire fraud, in violation of Title 18, United States Code,

Section 1343 and conspiracy to commit wire fraud, in violation of

Title 18, United States Code, Section 1349.

Manner and Means

29. During the time period of the conspiracy, SPERBER used hundreds

of thousands of dollars from Victim A to pay down his outstanding balance with

O&M Halyard. SPERBER knew that Victim A’s funds were not being used to

purchase PPE — which is what he had promised to Victim A — but were instead

being used to remain an O&M Halyard distributor so that he could commit

additional acts of fraud.

All in violation of Title 18, United States Code Section 1956(h).

Count SevenMoney Laundering

(18 U.S.C. § 1956(a)(1)(A)(i) and § 2)



forth herein.

13


31. On or about February 12, 2020, in the Northern District of Georgia

and elsewhere, the defendant, BRIAN SPERBER, did knowingly conduct a

financial transaction affecting interstate commerce, to wit: causing a cashier’s

check in the amount of $350,000 from ID Bank to be deposited into an O&M

Halyard bank account, which involved the proceeds of specified unlawful

activity, that is, conspiracy to commit wire fraud, in violation of Title 18, United

States Code, Section 1349, and wire fraud, in violation of Title 18, United States

Code, Section 1343, with the intent to promote the carrying on of such specified

unlawful activity and while conducting and attempting to conduct such financial

transactions knew the property involved in the financial transaction represented

the proceeds of some form of unlawful activity.

All in violation of Title 18, United States Code, Section 1956(a)(1)(A)(i) and

Section 2.Count Eight

Money Laundering(18 U.S.C. § 1956(a)(1)(A)(i) and § 2)



forth herein.


and elsewhere, the defendant, BRIAN SPERBER, did knowingly conduct a

financial transaction affecting interstate commerce, to wit: causing a cashier’s

check in the amount of $720,000 from TD Bank to be deposited into an O&M

Halyard bank account, which involved the proceeds of specified unlawful

14


activity, that is, conspiracy to commit wire fraud, in violation of Title 18, United

States Code, Section 1349, and wire fraud, in violation of Title 18, United States

Code, Section 1343, with the intent to promote the carrying on of such specified

unlawful activity and while conducting and attempting to conduct such financial

transactions knew the property involved in the financial transaction represented

the proceeds of some form of unlawful activity.

All in violation of Title 18, United States Code, Section 1956(a)(1)(A)(i) and

Section 2.Count Nine

Money Laundering(18 U.S.C. § 1957 and § 2)



forth herein.


and elsewhere, the defendant, BRIAN SPERBER, aided and abetted by Co

conspirator A, did knowingly engage and attempt to engage in a monetary

transaction by, through and to a financial institution, affecting interstate

commerce, such transaction knowingly involving criminally derived property of

a value greater than $10,000, that is, causing a cashier’s check in the amount of

$350,000 from TD Bank to be deposited into an O&M Halyard bank account,

such property having been derived from a specified unlawful activity, that is

wire fraud, in violation of conspiracy to commit wire fraud, in violation of Title

15


18, United States Code, Section 1349 and Title 18, United States Code, Section

1343.


Count TenMoney Laundering

(18 U.S.C. § 1957 and § 2)



forth herein.

37. On or about February 12,2020, in the Northern District of Georgia

and elsewhere, the defendant, BRIAN SPERBER, aided and abetted by Co

conspirator A, did knowingly engage and attempt to engage in a monetary

transaction by, through and to a financial institution, affecting interstate

commerce, such transaction knowingly involving criminally derived property of

a value greater than $10,000, that is, causing a cashier’s check in the amount of

$720,000 from TD Bank to be deposited into an O&M Halyard bank account,

such property having been derived from a specified unlawful activity, that is

wire fraud, in violation of conspiracy to commit wire fraud, in violation of Title

18, United States Code, Section 1349 and Title 18, United States Code, Section

1343.


16


Forfeiture



forth herein.

39. Upon conviction of one or more of the offenses alleged in Counts

One through Five of the Indictment, the defendant, BRIAN SPERBER, shall

forfeit to the United States of America, pursuant to Title 18, United States Code,

Section 981 (a) (1) (C) and Title 28, United States Code, Section 2461(c), any

property, real or personal, constituting or derived from, proceeds traceable to

such violations, including, but not limited to, the following:

a. MONEY JUDGMENT: A sum of money in United States currency,

representing the amount of proceeds obtained as a result of the

offenses alleged in Counts One through Six of this Indictment.

b. FUNDS: Cash/currency in lieu of real property located at 311 East

Key Palm Road, Boca Raton, Florida 33432 in the amount of

$4,915,704.39 [Asset ID: 21-FBI-002719j.

40. Upon conviction of one or more of the offenses alleged in Counts Six

through Ten of the Indictment, the defendant, BRIAN SPERBER, shall forfeit to

the United States of America, pursuant to Title 18, United States Code, Section

982(a) (1), any property, real or personal, involved in such offense, or any

property traceable to such property, including, but not limited to, the following:

17


a. MONEY JUDGMENT: A sum of money in United States currency,

representing the amount of proceeds obtained as a result of the

offenses alleged in Counts Seven through Eleven of this Indictment.

b. FUNDS: Cash/currency in lieu of real property located at 311 East

Key Palm Road, Boca Raton, Florida 33432 in the amount of

$4,915,704.39 [Asset ID: 21-FBI-002719].

41. If, as a result of any act or omission of the defendant, any of the

property described above:

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third party;

(c) has been placed beyond the jurisdiction of the Court;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be

divided without difficulty;

the United States intends, pursuant to Title 21, United States Code, Section

853(p), as incorporated by Title 18, United States Code, Section 982(b)(1) and

Title 28, United States Code, Section 2461(c), to seek forfeiture of any other

18


property of said defendant up to the value of the forfeitable property.

BILL

(~REPERSON

KURT R. ERSKINE

Acting United States Attorney

9~ ~WTHOMAS ~r KREPPAssistant United States Attorney

Georgia Bar No. 346781

600 U.S. Courthouse75 Ted Turner Drive SWAtlanta, GA 30303404-581-6000; Fax: 404-581-6181

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