UNITED STATES DISTRICT COURT

DISTRICT OF VERMONT

UNITED STATES OF AMERICA

V.                                                                       File No. 1:03-CR-35-01

ANDREW CAPOCCIA

NOTICE OF FORFEITURE

Notice is hereby given that on February 2, 2006, in the case of U.S. v. Andrew Capoccia, Docket No. 1:03-CR-35, the U.S. District Court for the District of Vermont entered a Preliminary Order of Forfeiture, forfeiting Andrew Capoccia’s interest in the following property:

            (a)       Contents in Account No. 059-644190-69, in the name of or for the benefit of Carol Capoccia, LLC, at Prudential Securities;

            (b)       Contents in Account No. TBJ967131E6, in the name of or for the benefit of Valentino Enterprises, Inc., at Prudential Securities;

            (c)       Contents in Account No. 35-740-093, in the name of or for the benefit of Carol Capoccia, LLC, at Wachovia Bank;

            (d)       Contents in Account No. 325450051868, in the name of or for the benefit of Carol Capoccia, LLC, at Key Bank;

            (e)       Contents in Account No. 325490036895, in the name of or for the benefit of Eugene A. Bizzarro and/or Deana Bizzarro Karam, at Key Bank;

            (f)        Contents in Account No. 0417003221519, in the name of or for the benefit of Carol Capoccia, at SunTrust Bank;

            (g)       Contents in E-Trade Account No. 1091-1898, in the name of or for the benefit of Eugene A. Bizzarro, at E-Trade Securities, Inc.;

            (h)       Jewelry, a Beaded Compact, a Silver Plated Travel Photo Album, and 6 Waterford Lismore Brandy Balloons;

            (i)        Improvements, in the Minimum Amount of $75,000, to 56 Bentwood Drive East, Guilderland, New York;

            (j)        U.S. Funds in the Amount of $50,000, in the Possession or Control of Eugene A. Bizzarro;

            (k)       Contents in Account No. 52164, in the name of or for the benefit of Carlo Spano, at State Employee’s Federal Credit Union;

            (l)        Contents in PNC Account No. 8019327712, the operating account for Debt Settlement Associates; and

            (m)      Money Judgment in the amount of $6,247,581.

            The foregoing Order of forfeiture having been entered on February 2, 2006, pursuant to 21 U.S.C. § 853(n) the United States hereby gives notice of its intention to dispose of the forfeited property in such manner as the United States Attorney General may direct.

            Any person having or claiming a legal right, title or interest in any of the aforementioned property must file a petition within thirty (30) days of the final publication of this notice or your receipt of this notice, whichever is earlier. The petition must request a hearing to adjudicate the validity of your alleged interest in the property. The petition should be signed by you under penalty of perjury and must set forth the nature and extent of your right, title or interest in the forfeited property, the time and circumstances of your acquisition of the right, title or interest in the forfeited property, any additional facts supporting your claim, and the relief you seek. All such petitions must be filed with the Office of the Clerk, U.S. District Court, P.O. Box 945, Burlington, VT 05402, with a copy thereof sent to Assistant U.S. Attorney James J. Gelber, at the U.S. Attorney’s Office, P.O. Box 570, Burlington, VT 05402.