Court filing
Exhibit 1_Notice of Forfeiture_Tax Collector — USA v. Bruey et al. (Dkt. 122-1, M.D. Fla.)
Filed August 5, 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 | 2022-08-05 |
U.S. District Court for the Middle District of Florida · No. 2:21-cr-00074 · Doc. 122-1 · 2022-08-05 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DMSION. UNITED STATES OF AMERICA V. Case No. 2:21-cr-74-TPB-MRM ANTHONYJAMESBRUEY NOTICE OF FORFEITURE VIA FEDEX TRACKING NO. 776730798703 AND REGULAR U.S. MAH., TO: Bill Jennings, Tax Administrator 107 N. Front Street Hertford, NC 27944 Notice is hereby given that on April 27, 2022, in the case of United States v. Anthony James Bruey, Case No. 2:21-cr-74-TPB-MRM, the United States District Court for the Middle District of Florida entered an Order of Forfeiture and Preliminary Order of Forfeiture for Direct Asset condemning and forfeiting to the United States of America the following asset The 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. EXHIBIT 1 Case 2:21-cr-00074-TPB-K_D Document 122-1 Filed 08/05/22 Page 1 of 8 PageID 703 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. (Asset ID Number: 21-USS-000234) Our records reflect that you may have an interest in the subject property. 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. Pursuant to the provisions of Federal Rule of Criminal Procedure 32.2(c), and 21 U.S.C. § 853(n), if you have, or claim, a legal interest in the forfeited property, within 30 days of your receipt of this notice you must file a petition with the Office of the Clerk, United States District Court, 2110 First Street, Suite 2-194, Ft. Myers, Florida 33901. You must sign the petition under penalty of perjury, and you must set forth the nature and extent of your right, title or interest in the forfeited property, any additional facts supporting your claim, and the relief you seek. A copy of any such petition is to be served on Suzanne C. Nebesky, Assistant United States Attorney, 400 North Tampa Street, Suite 3200, Tampa, Florida 33602. 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 Case 2:21-cr-00074-TPB-K_D Document 122-1 Filed 08/05/22 Page 2 of 8 PageID 704 under penalty of perjury. See 28 U.S.C. § 1746. The regulations pertaining to remission or mitigation of the forfeiture are 28 C.F .R. §§ 9 .1 - 9. 9. The criteria for remission of the forfeiture are found at 28 C.F.R. § 9.S(a). The criteria for mitigation of the forfeiture are found at 28 C.F.R § 9.S(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 you receive this notice. See 28 C.F.R. § 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 400 N. Tampa Street, Suite 3200, Tampa, Florida, 33602, Attn: Suzanne C. Nebesky, Assistant United States Attorney. 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 122-1 Filed 08/05/22 Page 3 of 8 PageID 705 If you fail to file a petition with the Court within 30 days of this notice any interest you may have in the property shall be lost and forfeited to the United States. Dated: May 2, 2022. ROGER B. HANDBERG United States Attorney By: ~ S EC.NEBESKY Assistant United States Attorney Florida Bar Number 59377 400 N . Tampa Street, Suite 3200 Tampa, Florida 33602 (813) 274-6000 - telephone Case 2:21-cr-00074-TPB-K_D Document 122-1 Filed 08/05/22 Page 4 of 8 PageID 706 UNITED STATES DISTRlCT COURT MIDDLE DISTRlCT OF FLORlDA FORT MYERS DIVISION UNITED STATES OF AMERlCA V. Case No. 2:21-cr-74-TPB-MRM ANTHONYJAMESBRUEY ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF FORFEITURE TO: Suzanne C. Nebesky Assistant United States Attorney United States Attorney's Office 400 North Tampa Street, Suite 3200 Tampa, Florida 33602 In the action styled United States v. Anthony James Bruey, Case No. 2:21-cr-74- TPB-MRM, United States District Court for the Middle District of Florida, Bill Jennings, Tax Administrator acknowledges receipt of a copy of a Notice of Forfeiture (FedEx Tracking No. 776730798703) along with a copy of the Order of Forfeiture and Preliminary Order of Forfeiture for Direct Asset condemning and forfeiting to the United States of America the following asset: The 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 eontinuing 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 Case 2:21-cr-00074-TPB-K_D Document 122-1 Filed 08/05/22 Page 5 of 8 PageID 707 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. (Asset ID Number: 21-USS-000234) Bill Jennings, Tax Administrator also acknowledges receipt of a copy of this Acknowledgment and a self-addressed, postage prepaid envelope in which this Acknowledgment can be returned. Bill Jennings, Tax Administrator acknowledges the Notice of Forfeiture sets forth the procedure for filing a petition with the court to assert an interest in the above-referenced property pursuant to the provisions of Federal Rule of Criminal Procedure 32.2(c), and 21 U.S.C. § 853(n). Date: ------- Bill Jennings, Tax Administrator Case 2:21-cr-00074-TPB-K_D Document 122-1 Filed 08/05/22 Page 6 of 8 PageID 708 Lake, Kelly (USAFLM} [Contractor] From: Sent: To: Subject: TrackingUpdates@fedex.com Wednesday, May 4, 2022 4:27 PM Lake, Kelly (USAFLM) [Contractor] [EXTERNAL] FedEx Shipment 776730798703: Your package has been delivered Hi. Your package was delivered Wed, 05/04/2022 at 4:25pm. Delivered to 107 N FRONT ST, HERTFORD, NC 27944 Received by S.IGNATURE ON FILE OBTAIN PROOF OF DELIVERY TRAC KING NU MBER FRO M 776730798703 U.S. Attorneys Office 400 North Tampa Street Suite 3200 Tampa , FL , US , 33602 TO Perqu imans County Tax Adm inistrator Bill Jennings 107 N FRONT ST HERTFORD , NC , US , 27944 1 Case 2:21-cr-00074-TPB-K_D Document 122-1 Filed 08/05/22 Page 7 of 8 PageID 709 ,,-,.. SHIP DATE DELIVERED TO PACKAGING TYPE ORIGIN DESTINATION SPECIAL HANDLING NUMBER OF PIECES TOTAL SHIPMENT WEIGHT SERVICE TYPE FOLLOW FEDEX Mon 5/02/2022 04 :07 PM Shipping/Receiving FedEx Envelope Tampa , FL , US , 33602 HERTFORD , NC , US , 27944 Deliver Weekday 0.50 LB FedEx 2Day Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now. !vi -- ----------- 0 Q. Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 3:26 PM CDT 05/04/2022. All weights are estimated. 2 Case 2:21-cr-00074-TPB-K_D Document 122-1 Filed 08/05/22 Page 8 of 8 PageID 710
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