Entering a Final Order. When the ancillary proceeding ends, the court must enter a final order of forfeiture by amending the prelimi- nary order as necessary to account for any third-party rights. If no third party files a timely petition, the preliminary order be- comes the final order of forfeiture if the court finds that the defendant (or any combination of defendants convicted in the case) had an in- terest in the property that is forfeitable under the applicable statute. The defendant may not object to the entry of the final order on the ground that the property belongs, in whole or in part, to a codefendant or third party; nor may a third party object to the final order on the ground that the third party had an inter- est in the property.
Appears in 4 contracts
