Court filing
PROPOSED CONSENT ORDER Preliminary Order of Forfeiture as to Bern Benoit — USA v. Thomas et al (Dkt. 99)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-03-11 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 99 · 2021-03-11 · Docket on CourtListener
Summary
A consent preliminary order of forfeiture as to Bern Benoit a/k/a Burn Benoit, Criminal Action No. 1:20-cr-00296-JPB-AJB, in the Northern District of Georgia, filed March 11, 2021 as Document 99. It recites that the defendant pleaded guilty to Count Seven of the Criminal Indictment, that the United States sought forfeiture under 18 U.S.C. § 982(a)(2), and that the court found the requisite nexus between the property and the offense. The order would forfeit $431,408.28 in funds seized from a bank account held in the name of Transportation Management Services, Inc. and $30,025.08 in funds seized from an account in the defendant's name. It provides for seizure and published notice under Fed. R. Crim. P. 32.2, and allows any other person asserting a legal interest thirty days to petition for a hearing under 21 U.S.C. § 853(n)(2). The judge's signature and date lines are blank.
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Full text
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA v. BERN BENOIT A/K/A BURN BENOIT Criminal Action No. 1:20-cr-00296-JPB-AJB CONSENT PRELIMINARY ORDER OF FORFEITURE Bern Benoit a/k/a Burn Benoit having pleaded guilty to Count Seven of the Criminal Indictment, pursuant to which the United States sought forfeiture of certain property under 18 U.S.C. § 982(a)(2), and the Court having determined that the property described below is subject to forfeiture pursuant thereto, that the Government has established the requisite nexus between said property and the offense charged in the Criminal Indictment document and the Defendant having consented to this Consent Preliminary Order of Forfeiture becoming final as to him, being made a part of his sentence and being included in the judgment against him; IT IS HEREBY ORDERED that Bern Benoit a/k/a Burn Benoit shall forfeit to the United States the following property pursuant to 18 U.S.C. § 982(a)(2): a. $431,408.28 in funds seized from JPMorgan Chase Bank account number XXXXXX6415 held in the name of Transportation Management Services, Inc.; and b. $30,025.08 in funds seized from JPMorgan Chase Bank account number XXXXXX9428 held in the name of Bern Benoit. Case 1:20-cr-00296-JPB-CMS Document 99 Filed 03/11/21 Page 1 of 3 2 IT IS HEREBY ORDERED that upon entry of this order, the United States Attorney General, or his designee, is authorized to seize the property in accordance with Fed. R. Crim. P. 32.2(b)(3). The United States shall publish notice of this Order and its intent to dispose of the property in accordance with Fed. R. Crim. P. 32.2(b)(6) and in such a manner as described in Supplemental Rule G(4)(a)(iii) and (iv) of the Federal Rules of Civil Procedure. The United States shall send written notice, in accordance with Supplemental Rule G(4)(b)(iii)-(v), to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture of the above-listed property in the ancillary proceeding. Pursuant to 21 U.S.C. § 853(n)(2), as incorporated by 28 U.S.C. § 2461(c), any person, other than the named Defendant, asserting a legal interest in the property may within thirty days of the final publication of the notice or their receipt of the notice, whichever is earlier, petition the Court for a hearing without a jury to adjudicate the validity of their alleged interest in the property and for an amendment to the order of forfeiture. Any petition filed by a third party asserting an interest in the property 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 property, the time and circumstance of the petitioner’s acquisition of the right, title, or interest, and any additional facts supporting the petitioner’s claim and the relief sought. After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before a hearing on the petition, discovery may be conducted in accordance Case 1:20-cr-00296-JPB-CMS Document 99 Filed 03/11/21 Page 2 of 3 3 with the Federal Rules of Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual issues. The United States shall have clear title to the property following the Court’s disposition of all third-party interests or, if none, following the expiration of the period provided in 21 U.S.C. § 853(n)(2) for the filing of the third-party petitions. The Court shall retain jurisdiction to enforce this order and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e). IT IS FURTHER ORDERED that, pursuant to Fed. R. Crim. P. 32.2(b)(4), this Preliminary Order of Forfeiture is hereby final as to the Defendant but remains preliminary as to third parties until the ancillary proceeding is concluded under Rule 32.2(c). SO ORDERED this ______ day of ___________________, 2021. ______________________________ J. P. BOULEE UNITED STATES DISTRICT JUDGE Submitted by: _________________________ Tal C. Chaiken Assistant United States Attorney Consented to: ___________________________ Anthony O. Egbase Attorney for Defendant California Bar No. 181721 A.O.E. Law & Associates, Inc. 350 S. Figueroa St., Ste. 189 Los Angeles, CA 90071 (213) 620-7070 info@aoelaw.com Case 1:20-cr-00296-JPB-CMS Document 99 Filed 03/11/21 Page 3 of 3
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