Consent Preliminary Order of Forfeiture as to Bern Benoit — USA v. Thomas et al. (Dkt. 101, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 101 · 2021-03-12 · Docket on CourtListener

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 101     Filed 03/12/21     Page 1 of 3

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 
2 
Case 1:20-cr-00296-JPB-CMS     Document 101     Filed 03/12/21     Page 2 of 3

3 
SO ORDERED this 12th day of March, 2021. 
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
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). 
Case 1:20-cr-00296-JPB-CMS     Document 101     Filed 03/12/21     Page 3 of 3

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