The Jeffrey MacDonald Information Site is a compendium of information about the Jeffrey MacDonald case. MacDonald was convicted in 1979 of the murders of his pregnant wife and two small daughters. He is serving three life sentences for that brutal crime.


The Murders of Colette, Kimberley and Kristen MacDonald
 

The Jeffrey MacDonald Information Site

December 14, 1984: Motion of the United States of America for Special
Order of Forfeiture of Collateral Profits of Crime with attachments


Note: Translation of document following scanned pages
 

The Jeffrey MacDonald Information Site: December 14, 1984: Motion of the United States of America for Special Order of Forfeiture of Collateral Profits of Crime, p. 1

The Jeffrey MacDonald Information Site: December 14, 1984: Motion of the United States of America for Special Order of Forfeiture of Collateral Profits of Crime, p. 2

The Jeffrey MacDonald Information Site: December 14, 1984: Motion of the United States of America for Special Order of Forfeiture of Collateral Profits of Crime, p. 3

The Jeffrey MacDonald Information Site: December 14, 1984: Motion of the United States of America for Special Order of Forfeiture of Collateral Profits of Crime, p. 4

The Jeffrey MacDonald Information Site: December 14, 1984: Motion of the United States of America for Special Order of Forfeiture of Collateral Profits of Crime, Certificate of Service

Attachments

Note: Translation of the main text of the Government's Motion as I read it to be

The United States of America, by and through its attorney, the United States Attorney for the Eastern District of North Carolina, respectfully moves the Court, pursuant to the provisions of Title 18, United States Code, Section 367, [illegible]., (P.L. 98-473, October 12, 1984) for a Special Order forfeiting the defendant Jeffrey R. MacDonald's (and any transferee of said defendant) collateral profits for the crimes of murder of which the defendant was convicted on August 29, 1970, before this Court. In Support of this motion the undersigned attorney, based upon information and avers as follows:


1. On the night of February 16-17, 1970 Colette, Kimberly and Kristen MacDonald (the victims) were stabbed and bludgeoned to death, at Fort Bragg, North, within the jurisdiction of the United States District Court for the Eastern District of North Carolina. As a result of said defenses the victims, Colette, Kimberly and Kristen MacDonald sustained physical harm, consisting of lacerations, stab wounds, broken bones and other indicia of trauma.

page 2


2. On January 25, 1975, the defendant, Jeffrey R. MacDonald, was indicted by a Grand Jury of the United States District Court for the Eastern District of North Carolina for the aforementioned offenses against the United States, in violation of Title 18, Unite States Code, Section 1111.

3. On July 16, 1979, the first day of trial, the defendant, through his attorney entered into an agreement with an author (Joseph McGinniss) for the exclusive story rights to his life, and in consideration thereof, also entered into a separate agreement providing for the division of the proceeds of publisher's advances, publication rights, as well as motion picture, television and theatrical rights. (See attached).

4. On August 29, 1979, defendant was convicted, after a jury trial in the United States District Court for the Eastern District of North Carolina, of murders, in the second degree, of Colette and Kimberly MacDonald, and the murder, in the first degree, of Kristen MacDonald.

5. In August, 1983, G. P. Putman's Sons, New York, published the non-fiction book Fatal Vision,1/ by the author Joe McGinniss; said book relating to a depiction of the murder of the victims and also to expressions of defendant's thoughts, opinions and emotions regarding said crime.

____________

1/ In August, 1984, the American Library, New York, New York, published the paperback edition of Fatal Vision.

page 3

6. On November 18 and 19, 1984, the National Broadcasting Corporation (NBC) aired a two-part television mini-series entitled Fatal Vision; said work relating to a depiction of the murder of the victims and also to expressions of defendant's thoughts, opinion and emotions regarding said crimes.

7. As a result of the aforementioned agreement between the defendant and the author, the defendant, and transferees of the defendant, have received, and will continue to receive, proceeds from the literary and film rights to the work Fatal Vision (formerly known as Acid and Rain); the exact amount of such proceeds being unknown to the United States, but believed to be in excess of $90,000,00.

8. All of said proceed from the literary and film rights to Fatal Vision, were paid, and will continue to be paid through the Sterling Lord Agency, Inc., 660 Madison Avenue, New York, New York, 10021. (See attached.)

9. Section 3671 of Tittle 18, United States Code, Provides:

 

(a)






 

"Upon the motion of the United States attorney made at any time after conviction of a defendant for an offense against the United States resulting in physical harm to an individual, and after notice of any interested party, the court shall. if the court determines that the interest of justice or an order of restitution under chapter 227 or 231 of this title so requires, order such defendant to forfeit all or any part of proceeds received or to be received by that defendant, or a transferee of that defendant, from a contract relating to , A depiction of such crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or an expression of that defendant's thoughts, opinions, or motions regarding such crime."

 


page 4

 


(b)

 


An order issued under subsection (a) of this section shall require that the person with whom the defendant contracts pay to the Attorney General and proceeds due the defendant under such contract.

 



Wherefore, based upon this filing, and the record of proceedings in United States of America v. Jeffrey R. MacDonald, Criminal No. 75-26-CR-3 (EDNC), the United States respectfully moves the Court to enter an Order of Special Forfeiture, pursuant to 18 U.S.C 3671 against the defendant for all proceeds received to date, or to be received by the defendant, based on his contract relating to depiction of the crimes, of which he stands convicted, and also relating to the defendant's thoughts, opinions and emotions regarding said crimes.

 

Respectfully submitted

SAMUEL T. CURRIN
United States Attorney


By: Signed_____________________
Brian M. Murtagh
Special Assistant to the United
States Attorney for the Eastern
District of North Carolina

 

 

 

Home  -  Contact  -  Scholarship Fund  -  New Upload  -  Christina's Corner  -  Resource Page
Chronology  -  Claims vs. Facts  - 
Various Documents  -  CID Records  -  FBI Records
April 6, 1970 Interview  -  Article 32 Hearing  -  Psychiatric/Psychological Data  -  DNA Results
July 23-24, 1970: John Cummings' exclusive interview with MacDonald  - 
Polygraphs
Affidavits  -  Grand Jury Transcripts  -  1979 Trial Transcripts  -  MD License Revoked
1987: MacDonald v. McGinniss  -  Mildred Kassab sues MacDonald  -  Court Records

 Parole Hearing  -  Kassab's Work  -  Bob Stevenson Answers Your Questions
Photograph Pages 

 


Go to top