Court filing
Proof of Publication as to Amber Rewis Bruey — USA v. Bruey et al. (Dkt. 107, M.D. Fla.)
Filed July 11, 2022 in USA v. Bruey et al.; one of 73 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2022-07-11 |
U.S. District Court for the Middle District of Florida · No. 2:21-cr-00074 · Doc. 107 · 2022-07-11 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION UNITED STATES OF AMERICA v. Case No. 2:21-cr-74-TPB-KCD AMBER REWIS BRUEY NOTICE OF PUBLICATION The United States of America hereby advises the Court that notice of this criminal forfeiture was posted on an official government internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning on June 2, 2022. See Attachment 1. Federal Rule of Criminal Procedure 32.2(b)(6)(C) incorporates the provisions of Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, as the means of publication in a criminal forfeiture case. Respectfully Submitted, ROGER B. HANDBERG United States Attorney By: s/Suzanne C. Nebesky SUZANNE C. NEBESKY Assistant United States Attorney Florida Bar Number 59377 400 North Tampa Street, Suite 3200 Tampa, Florida 33602 (813) 274-6000 – telephone E-mail: suzanne.nebesky@usdoj.gov Case 2:21-cr-00074-TPB-K_D Document 107 Filed 07/11/22 Page 1 of 5 PageID 617 CERTIFICATE OF SERVICE I hereby certify that on July 11, 2022, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system that will send a notice of electronic filing to counsel of record. s/Suzanne C. Nebesky SUZANNE C. NEBESKY Assistant United States Attorney Case 2:21-cr-00074-TPB-K_D Document 107 Filed 07/11/22 Page 2 of 5 PageID 618 Attachment 1 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION COURT CASE NUMBER: 2:21-CR-74-TPB-MRM; NOTICE OF FORFEITURE Notice is hereby given that on May 27, 2022, in the case of U.S. v. Amber Rewis Bruey, Court Case Number 2:21-CR-74-TPB-MRM, the United States District Court for the Middle District of Florida entered an Order condemning and forfeiting the following property to the United States of America: Real property located at 114 Kemp Lane, Hertford, North Carolina 27944, including all improvements thereon and appurtenances thereto, the legal description for which is as follows: BEGINNING AT A POINT on the southern side of the Perquimans River, said point being at the northeastern comer of the Skinner property, thence in a southwestern direction along a fence, being the Skinner line, 295 feet to a chopped oak, thence in a southeasterly direction, a line parallel with said Perquimans River, 178 feet to a chopped oak; thence in a northerly direction, a straight line to a chopped gum, said gum being at the break of a swamp; and thence continuing on in a straight line from said oak and gum, to the Perquimans River; thence along the run of said river in a northwesterly direction back to the POINT OF BEGINNING. For reference and chain of title see Deed Book 109 Page 330 of the Perquimans County Registry. ALSO CONVEYED HEREBY is a right of way to said above described property, across property of now or formerly R.E. Mathews, the same being 30 foot wide right of way and running from property of said Mathews, hitting the outer edge of the swamp located on the southeastern side of said above described property. Designated Map No. 2-D061-0017-HB (PIN No. 7868-24-9352) in the Perquimans County Tax Office. (21-USS-000234) The United States hereby gives notice of its intent to dispose of the forfeited property in such manner as the United States Attorney General may direct. Any person, other than the defendant(s) in this case, claiming interest in the forfeited property must file an ancillary petition within 60 days of the first date of publication (June 02, 2022) of this Notice on this official government internet web site, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1). The ancillary petition must be filed with the Clerk of the Court, U.S. Courthouse and Federal Building, 2110 First Street, Suite 2-194, Fort Myers, FL 33901, and a copy served upon Assistant United States Attorney Suzanne Nebesky, 2110 First Street, Suite 3-137, Fort Myers, FL 33901. The ancillary petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title or interest in the forfeited property, the time and circumstances of the petitioner's acquisition of the right, title and interest in Case 2:21-cr-00074-TPB-K_D Document 107 Filed 07/11/22 Page 3 of 5 PageID 619 the forfeited property and any additional facts supporting the petitioner's claim and the relief sought, pursuant to 21 U.S.C. § 853(n). Following the Court’s disposition of all ancillary petitions filed, or if no such petitions are filed, following the expiration of the period specified above for the filing of such ancillary petitions, the United States shall have clear title to the property and may warrant good title to any subsequent purchaser or transferee. The government may also consider granting petitions for remission or mitigation, which pardon all or part of the property from the forfeiture. A petition must include a description of your interest in the property supported by documentation; include any facts you believe justify the return of the property; and be signed under oath, subject to the penalty of perjury, or meet the requirements of an unsworn statement under penalty of perjury. See 28 U.S.C. Section 1746. For the regulations pertaining to remission or mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of the forfeiture are found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the forfeiture are found at 28 C.F.R. Section 9.5(b). The petition for remission need not be made in any particular form and may be filed online or in writing. You should file a petition for remission not later than 11:59 PM EST 30 days after the date of final publication of this notice. See 28 C.F.R. Section 9.3(a). The https://www.forfeiture.gov/FilingPetition.htm website provides access to a standard petition for remission form that may be mailed and the link to file a petition for remission online. If you cannot find the desired assets online, you must file your petition for remission in writing by sending it to Assistant United States Attorney Suzanne Nebesky, 2110 First Street, Suite 3-137, Fort Myers, FL 33901. This website provides answers to frequently asked questions (FAQs) about filing a petition for remission. You may file both an ancillary petition with the court and a petition for remission or mitigation. Case 2:21-cr-00074-TPB-K_D Document 107 Filed 07/11/22 Page 4 of 5 PageID 620 Advertisement Certification Report The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day between June 2, 2022 and July 01, 2022. Below is a summary report that identifies the uptime for each day within the publication period and reports the results of the web monitoring system’s daily check that verifies that the advertisement was available each day. Court Case No: 2:21-CR-74-TPB-MRM For Asset ID(s): U.S. v. Amber Rewis Bruey See Attached Advertisement Copy Consecutive Calendar Day Count Date Advertisement Appeared on the Web Site Total Hours Web Site was Available during Calendar Day Verification that Advertisement existed on Web Site 1 23.9 Verified 06/02/2022 2 23.9 Verified 06/03/2022 3 23.9 Verified 06/04/2022 4 23.9 Verified 06/05/2022 5 23.9 Verified 06/06/2022 6 23.9 Verified 06/07/2022 7 23.9 Verified 06/08/2022 8 23.9 Verified 06/09/2022 9 23.9 Verified 06/10/2022 10 23.8 Verified 06/11/2022 11 23.9 Verified 06/12/2022 12 23.9 Verified 06/13/2022 13 23.9 Verified 06/14/2022 14 23.9 Verified 06/15/2022 15 23.9 Verified 06/16/2022 16 23.9 Verified 06/17/2022 17 23.9 Verified 06/18/2022 18 23.9 Verified 06/19/2022 19 23.9 Verified 06/20/2022 20 23.9 Verified 06/21/2022 21 23.9 Verified 06/22/2022 22 23.9 Verified 06/23/2022 23 23.9 Verified 06/24/2022 24 23.9 Verified 06/25/2022 25 23.9 Verified 06/26/2022 26 23.9 Verified 06/27/2022 27 23.9 Verified 06/28/2022 28 23.9 Verified 06/29/2022 29 23.8 Verified 06/30/2022 30 23.9 Verified 07/01/2022 Additional log information is available and kept in the archives for 15 years after the asset has been disposed. Case 2:21-cr-00074-TPB-K_D Document 107 Filed 07/11/22 Page 5 of 5 PageID 621
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