Notice of Filing Publication Declaration as to Andre Lee Gaines filed by USA — USA v. Gaines (Dkt. 15, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:21-cr-00206-JPB · Doc. 15 · 2022-04-18 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
)
)
)
Plaintiff,
)
)
v.
1:21-CR-00206-JPB
)
)
ANDRE LEE GAINES
)
)
Defendant.
DECLARATION OF PUBLICATION
In accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6)(C) of the Federal Rules
of Criminal Procedure, notice of the forfeiture was posted on an official government internet 
site (www.forfeiture.gov) for at least 30 consecutive days, beginning on March 11, 2022 
and ending on April 09, 2022. (See, Attachment 1).
     I declare under penalty of perjury that the foregoing is true and correct.  Executed on 
April 18, 2022 at Atlanta, GA.
RADKA T. NATIONS
ASSISTANT U.S. ATTORNEY
Case 1:21-cr-00206-JPB     Document 15     Filed 04/18/22     Page 1 of 4

Attachment 1
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION
COURT CASE NUMBER: 1:21-CR-00206-JPB; NOTICE OF FORFEITURE
Notice is hereby given that on August 04, 2021, in the case of U.S. v. ANDRE LEE 
GAINES, Court Case Number 1:21-CR-00206-JPB, the United States District Court for the 
Northern District of Georgia entered an Order condemning and forfeiting the following 
property to the United States of America:
$177,828.46 in funds seized from JPMorgan Chase account number
XXXXX6500, held in the name of Gaines Reservation and Travel. (20-FBI-004346)
$9,314.28 in funds seized from PNC Bank account number XXXXXX5124
held in the name of Gaines Reservation and Travel. (20-FBI-004554)
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 (March 11, 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, 75 Ted Turner Drive S.W., Suite 2211, Atlanta, GA  
30303, and a copy served upon Assistant United States Attorney Radka T. Nations, 75 
Ted Turner Drive S.W., Suite 600, Atlanta, GA  30303.  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 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 
Case 1:21-cr-00206-JPB     Document 15     Filed 04/18/22     Page 2 of 4

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 Radka T. Nations, 75 Ted Turner Drive S.W., Suite 600, Atlanta, GA  30303.  
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 1:21-cr-00206-JPB     Document 15     Filed 04/18/22     Page 3 of 4

  Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day 
between March 11, 2022 and April 09, 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: 
1:21-CR-00206-JPB
For Asset ID(s):      
U.S. v. ANDRE LEE GAINES
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
03/11/2022
 2
 23.9
Verified
03/12/2022
 3
 23.9
Verified
03/13/2022
 4
 23.9
Verified
03/14/2022
 5
 23.9
Verified
03/15/2022
 6
 23.9
Verified
03/16/2022
 7
 23.9
Verified
03/17/2022
 8
 23.9
Verified
03/18/2022
 9
 23.9
Verified
03/19/2022
 10
 23.9
Verified
03/20/2022
 11
 23.8
Verified
03/21/2022
 12
 23.9
Verified
03/22/2022
 13
 23.8
Verified
03/23/2022
 14
 23.9
Verified
03/24/2022
 15
 23.8
Verified
03/25/2022
 16
 23.9
Verified
03/26/2022
 17
 23.9
Verified
03/27/2022
 18
 23.9
Verified
03/28/2022
 19
 23.9
Verified
03/29/2022
 20
 23.9
Verified
03/30/2022
 21
 23.8
Verified
03/31/2022
 22
 23.9
Verified
04/01/2022
 23
 23.9
Verified
04/02/2022
 24
 23.9
Verified
04/03/2022
 25
 23.9
Verified
04/04/2022
 26
 23.9
Verified
04/05/2022
 27
 23.9
Verified
04/06/2022
 28
 23.9
Verified
04/07/2022
 29
 23.9
Verified
04/08/2022
 30
 23.9
Verified
04/09/2022
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 1:21-cr-00206-JPB     Document 15     Filed 04/18/22     Page 4 of 4

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