defendants’ interests in Friends pursuant to §§ 1963(a)(1) and/or (a)(2); or, in the alternative, to forfeit the $250,000 obtained from the tow truck operators pursuant to § 1963(a)(3). Discussion I. Forfeiture Procedure The RICO statute specifies the property that must be forfeited by a defendant convicted of a RICO violation, 18 U.S.C. § 1963(a), and Federal Rule of Criminal Procedure 32.2 directs that a preliminary order of forfeiture be entered as soon as practicable after a finding of guilt. Fed. R.Crim.P. 32.2(b)(1). At the preliminary forfeiture stage, the Court’s task is to determine “whether the government has established ed by courts utilizing a fair-preponderance-of-the-evidence standard. See United States v. Watts, 519 U.S. 148, 156, 117 S.Ct. 633, 136 L.Ed.2d 554 (1997) (<HOLDING>). Although Congress could establish a more
holding that constructive knowledge satisfies the reason to know standard holding notice of balance due satisfies notice and demand requirements holding such service satisfies due process holding that a preponderanceoftheevidence standard with respect to sentencing matters satisfies due process requirements holding that a predeprivation opportunity to be heard satisfies the due process clause