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Home Court filings USA v. ENCARNACION United States v. Arlen G. Encarnacion — D.N.J., Trenton, No. 3:23-cr-00794-GC Affirmation of Publication on behalf of USA — USA v. Encarnacion (Dkt. 39, D.N.J.)

Court filing

Affirmation of Publication on behalf of USA — USA v. Encarnacion (Dkt. 39, D.N.J.)

Filed April 10, 2024 in USA v. Encarnacion; one of 11 filings from this case.

Record facts

CourtU.S. District Court for the District of New Jersey
Filed2024-04-10

U.S. District Court for the District of New Jersey · No. 3:23-cr-00794-GC · Doc. 39 · 2024-04-10 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA  
 
 
 
v. 
 
ARLEN ENCARNACION, 
  
 
 
Defendant.
: 
 
: 
 
: 
 
: 
 
Hon. Georgette Castner, U.S.D.J. 
 
Crim. No. 23-794 
 
AFFIRMATION OF PUBLICATION 
 
I, SARAH DEVLIN, pursuant to Title 28, United States Code, Section 
1746, hereby affirm under the penalty of perjury:  
 
That I am an Assistant United States Attorney in the Office of the United 
States Attorney for the District of New Jersey, and  
 
That attached to this affirmation are the following: 
 
(1) 
A true and correct copy of the Notice of Forfeiture published in 
connection with the above-captioned case (Attachment 1), and  
 
(2) 
An Advertisement Certification Report generated by the 
Consolidated Asset Tracking System maintained by the Department of Justice, 
which indicates that the aforementioned Notice was posted on an official 
government internet site (www.forfeiture.gov) for at least thirty (30) consecutive 
days, beginning on January 30, 2024, and ending on February 28, 2024, as 
required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or 
Maritime Claims and Asset Forfeiture Actions (Attachment 2). 
 
Dated:  April 10, 2024 
 
   Newark, New Jersey 
    
  
 
 
 
 
 
 
s/Sarah Devlin        
 
SARAH DEVLIN 
Assistant United States Attorney 
Case 3:23-cr-00794-GC     Document 39     Filed 04/10/24     Page 1 of 6 PageID: 271

 
 
 
 
 
 
 
 
 
 
 
 
 
                           ATTACHMENT 1 
Case 3:23-cr-00794-GC     Document 39     Filed 04/10/24     Page 2 of 6 PageID: 272

Attachment 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
COURT CASE NUMBER: 3:23-CR-00794; NOTICE OF FORFEITURE
Notice is hereby given that on January 09, 2024, in the case of U.S. v. ARLEN 
ENCARNACION, Court Case Number 3:23-CR-00794, the United States District Court for 
the District of New Jersey entered an Order condemning and forfeiting the following 
property to the United States of America:
$41,235.64 seized from an account at TD Bank, account number ending in 7619 in 
the name of Skycam Auto Group LLC (22-USP-001221), which was seized from 
Arlen Encarnacion on December 16, 2021, in Perth Amboy, New Jersey;
$41,108.30 seized from an account at TD Bank, account number ending in 8725 in 
the name of Advantage Intelligent Systems(22-USP-001224), which was seized 
from Arlen Ecarnacion December 16, 2021, in Perth Amboy, New Jersey;
$30,072.69 seized from an account at TD Bank, account number ending in 8733 in 
the name of Skycam Security LLC (22-USP-001225), which was seized from Arlen 
Encarnacion on December 16, 2021, in Perth Amboy, New Jersey;
$50,626.94seized from an account at TD Bank, account ending in 8741 in the name 
of Skycam Technologies LLC (22-USP-001226), which was seized from Arlen 
Encarnacion on December 16, 2021, in Perth Amboy, New Jersey;
$45,221.30 seized from an account at TD Bank, account number ending in 8759 in 
the name of Skycam Construction LLC (22-USP-001227), which was seized from 
Arlen Encarnacion on December 16, 2021, in Perth Amboy, New Jersey; and
$112,557.19 seized from an account at TD Bank, account number ending in 8767 in 
the name of Sykcam Enterprises and Holding LLC (22-USP-001229), which was 
seized from Arlen Encarnacion on December 16, 2021, in Perth Amboy, New 
Jersey.
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 (January 30, 2024) 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, Martin Luther King Federal Building & U.S. Courthouse, 
50 Walnut Street, Room 4105, Newark, NJ  07101-0419, and a copy served upon 
Assistant United States Attorney Sarah Devlin, 970 Broad Street,, Suite 700, Newark, NJ  
07102.  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 
Case 3:23-cr-00794-GC     Document 39     Filed 04/10/24     Page 3 of 6 PageID: 273

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 
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 Sarah Devlin, 970 Broad Street,, Suite 700, Newark, NJ  07102.  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 3:23-cr-00794-GC     Document 39     Filed 04/10/24     Page 4 of 6 PageID: 274

 
 
 
 
 
 
 
 
 
 
 
 
 
                           ATTACHMENT 2 
Case 3:23-cr-00794-GC     Document 39     Filed 04/10/24     Page 5 of 6 PageID: 275

  Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day 
between January 30, 2024 and February 28, 2024.  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: 
3:23-CR-00794
For Asset ID(s):      
U.S. v. ARLEN ENCARNACION
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
01/30/2024
 2
 23.9
Verified
01/31/2024
 3
 24.0
Verified
02/01/2024
 4
 23.8
Verified
02/02/2024
 5
 23.8
Verified
02/03/2024
 6
 23.9
Verified
02/04/2024
 7
 23.9
Verified
02/05/2024
 8
 23.9
Verified
02/06/2024
 9
 23.9
Verified
02/07/2024
 10
 23.9
Verified
02/08/2024
 11
 23.9
Verified
02/09/2024
 12
 23.9
Verified
02/10/2024
 13
 23.9
Verified
02/11/2024
 14
 24.0
Verified
02/12/2024
 15
 23.9
Verified
02/13/2024
 16
 24.0
Verified
02/14/2024
 17
 23.9
Verified
02/15/2024
 18
 23.9
Verified
02/16/2024
 19
 23.9
Verified
02/17/2024
 20
 23.9
Verified
02/18/2024
 21
 23.9
Verified
02/19/2024
 22
 23.9
Verified
02/20/2024
 23
 23.9
Verified
02/21/2024
 24
 23.9
Verified
02/22/2024
 25
 24.0
Verified
02/23/2024
 26
 23.9
Verified
02/24/2024
 27
 23.9
Verified
02/25/2024
 28
 23.9
Verified
02/26/2024
 29
 24.0
Verified
02/27/2024
 30
 23.9
Verified
02/28/2024
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 3:23-cr-00794-GC     Document 39     Filed 04/10/24     Page 6 of 6 PageID: 276

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  1. Letter from United States enclosing proposed forfeiture order — USA v. Encarnacion (Dkt. 40, D.N.J.)same docket · 2024-04-10
  2. Text of Proposed Order (Final Order of Forfeiture) — USA v. ENCARNACION (Dkt. 40.1)same docket · 2024-04-10
  3. Amended Judgment — United States v. Arlen Encarnacionsame docket · 2024-02-23
  4. Final Order of Forfeiture — United States v. Arlen Encarnacionsame docket · 2024-05-15
  5. Judgment — United States v. Arlen Encarnacionsame docket · 2024-02-22
  6. Report and Order on Individual Under Supervision — USA v. Encarnacion (Dkt. 42, D.N.J.)same docket · 2026-03-03
  7. Minutes of Proceedings — Sentencing — USA v. Encarnacion (D.N.J.)same docket · 2024-02-21
  8. Consent Judgment and Preliminary Order of Forfeiture — United States v. Arlen G. Encarnacion (D.N.J.)same docket · 2024-01-09
  9. Waiver of Indictment executed and filed — USA v. Encarnacion (D.N.J.)same case · 2023-10-11
  10. Application for permission to enter Plea of guilty as to ARLEN G. Encarnacion — USA v. Encarnacion (Dkt. 28, D.N.J.)same case · 2023-10-11
  11. Waiver of Indictment by Arlen G. Encarnacion — USA v. Encarnacion (Dkt. 26, D.N.J.)same case · 2023-10-11
  12. ORDER modifying conditions of release as to ARLEN G. ENCARNACION — USA v. ENCARNACION (Dkt. 23)same case · 2023-08-14
  13. Appearance Bond — USA v. Encarnacion (Dkt. 13-1, D.N.J.)same case · 2021-12-29
  14. Brady Order as to ARLEN G. Encarnacion — USA v. Encarnacion (Dkt. 9, D.N.J.)same case · 2021-12-16
  15. Unsecured Appearance Bond — USA v. Encarnacion (Dkt. 8, D.N.J.)same case · 2021-12-16
  16. Order to Seal Case as to ARLEN G. Encarnacion — USA v. Encarnacion (Dkt. 3, D.N.J.)same case · 2021-12-13
  17. Plea Agreement — United States v. Arlen Encarnacionsame docket · 2023-10-11
  18. Information — United States v. Arlen Encarnacion (D.N.J.)same docket · 2023-10-11
  19. Criminal Complaint and Affidavit — United States v. Arlen G. Encarnacion (D.N.J.)same docket · 2021-12-13

Part of: USA v. ENCARNACION · U.S. District Court for the District of New Jersey · Other pandemic litigation · Criminal prosecutions · 2024 · Court filings

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