UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION. v. Case No. 3:06-cr-211(S2)-J-32HTS

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1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES OF AMERICA v. Case No. 3:06-cr-211(S2)-J-32HTS TONY HENDERSON a/k/a Hollywood GOVERNMENT S REQUESTED FORFEITURE JURY INSTRUCTIONS The United States of America, by and through its undersigned Assistant United States Attorney, requests that should Defendant Tony Henderson be convicted of any of the violations charged in Counts One through Five of the Second Superseding Indictment, and should the government or the defendant request a jury determination of the forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(4), the following jury instructions be given during the Court s charge at the separate Forfeiture hearing following the conviction of the defendant. Respectfully submitted, ROBERT E. O NEILL United States Attorney By: s/ Bonnie A. Glober BONNIE A. GLOBER Florida Bar No Assistant United States Attorney United States Attorney s Office 300 N. Hogan Street, Suite 700 Jacksonville, Florida Telephone: (904) Fax: (904) bonnie.glober@usdoj.gov

2 CERTIFICATE OF SERVICE I hereby certify that on November 28, 2007, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Don J. Pashayan don.pashayan@usdoj.gov,jaxdocket.mailbox@usdoj.gov, thomas.divita@usdoj.gov Mark J. Rosenblum markrosenblumlaw@bellsouth.net,nhamlin@bellsourth.net By: s/ Bonnie A. Glober BONNIE A. GLOBER Florida Bar No Assistant United States Attorney United States Attorney s Office 300 N. Hogan Street, Suite 700 Jacksonville, Florida Telephone: (904) Fax: (904) bonnie.glober@usdoj.gov 2

3 Members Of The Jury: GOVERNMENT'S REQUESTED JURY INSTRUCTION NO. 1 Forfeiture Proceedings Your verdict in this case does not complete your jury service, as it would in most cases, because there is another matter you must now consider and decide, namely, whether the Defendant, Tony Henderson, should forfeit certain real property to the United States as part of the penalty for the crimes charged in Counts One through Five of the Second Superseding Indictment. In a portion of the Second Superseding Indictment not previously discussed or disclosed to you, it is alleged that Defendant Tony Henderson used certain real property to commit and facilitate the commission of the offenses in Counts One through Five; and, in view of your verdict finding the Defendant guilty of these offenses, you must also decide, under the law I will now explain to you, whether such real property should be forfeited to the United States. The term forfeited simply means for someone to be divested or deprived of the ownership of something as a part of the punishment allowed by the law for the commission of certain criminal offenses. In deciding these forfeiture issues you should consider all of the evidence you have already heard during the trial plus any additional evidence that may be presented to you when I finish giving you these instructions. The forfeiture allegations of the Superseding Indictment, copies of which will be provided to you for your consideration during your supplemental deliberations, describe in particular the real property allegedly subject to forfeiture to the United States as: 3

4 All that lot or parcel of land, together with its buildings, appurtenances, improvements, fixtures, attachments and easements, located at 6195 Oakdale Lane, Macclenny, Florida, 32063, titled in the names of Tony and Linda L. Henderson. In order to be entitled to the forfeiture of the real property, the Government must have proved by a preponderance of the evidence: 1. That the property to be forfeited was used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, the offenses charged in Counts One through Five of the Second Superseding Indictment. A preponderance of the evidence simply means an amount of evidence which is enough to persuade you that a claim or contention is more likely true than not true. To facilitate the commission of an offense means to aid, promote, advance, or make easier, the commission of the act or acts constituting the offense. There must be more than an incidental connection between the real property and the offense for you to find that the real property facilitated, or was intended to facilitate, the commission of the offense. However, the real property need not be indispensable to the commission of the offense, nor does the real property have to have been used exclusively for the commission of the offense or as the exclusive means of committing the offense. Property used to facilitate an offense can be in virtually any form. While deliberating concerning the issue of forfeiture you must not reexamine your previous determination regarding the Defendant s guilt. However, all of the instructions previously given to you concerning your consideration of the evidence, the credibility of the witnesses, your duty to deliberate together, your duty to base your verdict solely on the 4

5 evidence without prejudice, bias or sympathy, and the necessity of a unanimous verdict, will continue to apply during these supplemental deliberations. Eleventh Circuit Pattern Jury Instruction No. 8 5

6 GOVERNMENT S PROPOSED INSTRUCTION NO. 2 (Duty not to consider certain issues that court will decide) I further instruct you that what happens to the real property that is declared forfeited is exclusively a matter for the court to decide. You should not consider what might happen to the real property in determining whether the real property is subject to forfeiture. In this connection, you should disregard any claims that other persons may have to the real property. The interests that other persons may have in the real property will be taken into account by the court at a later time. Similarly, any claims that the forfeiture of the real property would constitute excessive punishment will be taken into account by the court at a later time. Your sole concern now is to determine whether the real property was used to commit or facilitate the commission of the violation of which you have found the defendant committed. Similarly, you are not to consider whether the real property is presently available. That matter also will be considered solely by the court in imposing sentence. 6

7 GOVERNMENT S PROPOSED INSTRUCTION NO. 3 (Special verdict forms) The special verdict form lists the real property which the government asserts was used to commit or facilitate the commission of the violation. You may answer by simply putting an "X" or check mark in the space provided next to the words "YES" or "NO". The foreperson must then sign and date the special verdict form. You will see that the special verdict form asks you to consider whether the real property was used to commit or facilitate the commission of the offenses charged in Counts One through Five for which the defendant was found guilty. Even if you find that the real property is in fact subject to forfeiture under more than one of the offenses charged in Counts One through Five, that does not mean that the government will receive forfeited property twice. It is important, however, that you indicate on the special verdict form all Counts for which you find the real property subject to forfeiture. Any issue of doublecounting will be considered by the court in imposing sentence. 7

8 GOVERNMENT S PROPOSED INSTRUCTION NO. 4 (Unanimous verdict) You must reach a unanimous verdict as to each question on each special verdict form. Everyone must agree to any "YES" or "NO" answer or any amount you enter on a special verdict form. 8

9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES OF AMERICA v. Case No. 3:06-cr-211(S2)-J-32HTS TONY HENDERSON a/k/a Hollywood UNITED STATES PROPOSED SPECIAL VERDICT FORM AS TO DEFENDANT TONY HENDERSON We, the Jury, having found Defendant Tony Henderson guilty of any or all of Counts One through Five of the Second Superseding Indictment hereby find as follows: 1. COUNT ONE With respect to the following: All that lot or parcel of land, together with its buildings, appurtenances, improvements, fixtures, attachments and easements, located at 6195 Oakdale Lane, Macclenny, Florida, 32063, titled in the names of Tony and Linda L. Henderson We, the Jury, unanimously find by a preponderance of the evidence that the real property was used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, the offense charged in Count One of the Superseding Indictment. YES NO

10 2. COUNT TWO With respect to the following: All that lot or parcel of land, together with its buildings, appurtenances, improvements, fixtures, attachments and easements, located at 6195 Oakdale Lane, Macclenny, Florida, 32063, titled in the names of Tony and Linda L. Henderson. We, the Jury, unanimously find by a preponderance of the evidence that the real property was used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, the offense charged in Count Two of the Superseding Indictment. YES NO 3. COUNT THREE With respect to the following: All that lot or parcel of land, together with its buildings, appurtenances, improvements, fixtures, attachments and easements, located at 6195 Oakdale Lane, Macclenny, Florida, 32063, titled in the names of Tony and Linda L. Henderson. We, the Jury, unanimously find by a preponderance of the evidence that the real property was used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, the offense charged in Count Three of the Superseding Indictment. YES NO 2

11 4. COUNT FOUR With respect to the following: All that lot or parcel of land, together with its buildings, appurtenances, improvements, fixtures, attachments and easements, located at 6195 Oakdale Lane, Macclenny, Florida, 32063, titled in the names of Tony and Linda L. Henderson. We, the Jury, unanimously find by a preponderance of the evidence that the real property was used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, the offense charged in Count Four of the Superseding Indictment. YES NO 5. COUNT FIVE With respect to the following: All that lot or parcel of land, together with its buildings, appurtenances, improvements, fixtures, attachments and easements, located at 6195 Oakdale Lane, Macclenny, Florida, 32063, titled in the names of Tony and Linda L. Henderson. We, the Jury, unanimously find by a preponderance of the evidence that the real property was used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, the offense charged in Count Five of the Superseding Indictment. YES NO FOREPERSON DATE 3