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U.S. v. CAPAROTTA

No. CR-06-58-B-W.

571 F.Supp.2d 195 (2008)

UNITED STATES of America v. Anthony CAPAROTTA and Raymond Fogg.

United States District Court, D. Maine.

July 30, 2008.

Attorney(s) appearing for the Case

Joel B. Casey, Office of the U.S. Attorney, Bangor, ME, Donald E. Clark, U.S. Attorney's Office, Portland, ME, for United States of America.

Wayne R. Foote, Law Office of Wayne R. Foote, Bangor, ME, for Anthony Caparotta.

Brett D. Baber, Law Office of Brett D. Baber, Bangor, ME, for Raymond Fogg.

ORDER ON GOVERNMENT'S MTION FOR A PRELIMINARY ORDER OF FORFEITURE

JOHN A. WOODCOCK, JR., District Judge.

The Court concludes that even after United States v. Santos, the term "proceeds" in 21 U.S.C. § 853 refers to gross receipts, not net profit, and enters a preliminary order of forfeiture.1

I. STATEMENT OF FACTS

On September 7, 2006, a federal grand jury returned an indictment against Raymond Fogg...

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