USA v. Boswell

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA 	)
)
)
v. 	) 	Criminal No. 25-CR-10297-FDS
)
LAMONT BOSWELL, 	)
Defendant. 	)
PRELIMINARY ORDER OF FORFEITURE
SAYLOR, S.D.J.
WHEREAS, on July 14, 2025, the United States Attorney for the District of
Massachusetts filed a one-count Information charging Lamont Boswell (the “Defendant”), with
Felon in Possession of Firearm and Ammunition in violation of 18 U.S.C. § 922(g)(1) (Count
One;
WHEREAS, the Information also included a forfeiture allegation, pursuant to
18 U.S.C. § 924(d)(1) and 28 U.S.C. §2461(c), which provided notice that the United States
intended to seek the forfeiture, upon conviction of the Defendant of the offense alleged in Count
One of the Information, of any firearm or ammunition involved in or used in any knowing
commission of the offense. 	Such property specifically included, without limitation:
a. 	a Smith & Wesson 9mm caliber pistol bearing serial number FCD5294; and
b. 	14 rounds of 9mm caliber ammunition
(collectively, the “Properties”);
WHEREAS, the Information further provided that, if any of the above-described
forfeitable property, as a result of any act or omission by the Defendant, (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
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diminished in value; or (e) has been commingled with other property which cannot be divided
without difficulty, the United States is entitled to seek forfeiture of any other property of the
Defendant, up to the value of such assets described above, pursuant to 28 U.S.C. § 2461(c),
incorporating 21 U.S.C. § 853(p);
WHEREAS, on September 5, 2025, at a hearing pursuant to Rule 11 of the Federal Rules
of Criminal Procedure, the Defendant pled guilty to Count One of the Information, pursuant to a
written plea agreement that he signed on July 31, 2025;
WHEREAS, in Section 6 of the plea agreement, the Defendant admitted that the
Properties are subject to forfeiture because they were involved in and used in Defendant’s
knowing commission of the offense charged in Count One of the Information;
WHEREAS, in light of the Defendant’s guilty plea and admissions in the plea agreement,
the United States has established the requisite nexus between the Properties and the offense to
which the Defendant pled guilty, and accordingly, the Properties are subject to forfeiture to the
United States pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. §2461(c); and
WHEREAS, pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. §2461(c) and Rule
32.2(b)(2) of the Federal Rules of Criminal Procedure, the United States is now entitled to a
Preliminary Order of Forfeiture against the Properties.
ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED that:
1. 	The Court finds, pursuant to Rule 32.2(b)(1) of the Federal Rules of Criminal
Procedure, that the United States has established the requisite nexus between the Properties and
the offense to which the Defendant pled guilty.
2. 	The Court shall retain jurisdiction in this case for the purpose of enforcing this
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Order.
3. 	Accordingly, all of Defendant's interests in the Properties are hereby forfeited to
the United States of America for disposition pursuant to 18 U.S.C. § 924(d)(1) and
28 U.S.C. § 2461(c).
4. 	Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the
United States is hereby authorized to seize the Properties and maintain them in its secure custody
and control.
5. 	Pursuant to 21 U.S.C. § 853(n)(1), as incorporated by 28 U.S.C. § 2461(c), the
United States shall publish, for thirty (30) consecutive calendar days on the government
forfeiture website www.forfeiture.gov, notice of the Preliminary Order of Forfeiture and notice
of the United States’ intent to dispose of the Properties.
6. 	Pursuant to 21 U.S.C. § 853(n)(1), as incorporated by 28 U.S.C. § 2461(c) the
United States shall give, to the extent practicable, direct written notice to any person known to
have alleged an interest in the Properties to be forfeited.
7. 	Pursuant to 21 U.S.C. § 853(n)(2) and (3), as incorporated by
28 U.S.C. § 2461(c), the notice referred to above shall state: (a) that any person, other than the
Defendant asserting a legal interest in the Properties, shall, within sixty (60) days after the first
day of publication on the government forfeiture website or within thirty (30) days after receipt of
actual notice, whichever is earlier, file a petition with the United States District Court in Boston,
Massachusetts, requesting a hearing to adjudicate the validity of his or her interest in the
Properties; and (b) that the petition shall be signed by the petitioner under the penalty of perjury
and shall set forth the nature and extent of the petitioner’s right, title, or interest in the Properties,
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the time and circumstances of the petitioner’s acquisition of the right, title, or interest in the
Properties, any additional facts supporting the petitioner’s claim, and the relief sought.
8. 	Pursuant to 21 U.S.C. § 853(n)(7), as incorporated by 28 U.S.C. § 2461(c),
following the Court’s disposition of all petitions filed under 21 U.S.C. § 853(n)(6), or if no such
petitions are filed following the expiration of the period provided in 21 U.S.C. § 853(n)(2) for
the filing of such petitions, the United States of America shall have clear title to the Properties.
9. 	Upon adjudication of all third-party interests, this Court will enter a Final Order
of Forfeiture, pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. §2461(c) and Rule 32.2(c) of the
Federal Rules of Criminal Procedure, in which all interests will be addressed.
10. 	Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this
Preliminary Order of Forfeiture will become final as to the Defendant at the time of his
sentencing, will be part of the Defendant’s criminal sentence, and will be included in the
criminal judgment entered by this Court against him.
F. DENNIS SAYLOR IV
Senior United States District Judge
Dated: 12/4/2025
/s/ F. Dennis Saylor IV
12/4/2025
Melonie Cooke
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