Notice of Filing Declaration of Publication as to Bern Benoit filed by USA — USA v. Thomas et al. (Dkt. 122, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 122 · 2021-05-20 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
)
)
)
Plaintiff,
)
)
v.
1:20-CR-296-JPB-AJB
)
)
Bern Benoit A/K/A Burn Benoit
)
)
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 16, 2021 
and ending on April 14, 2021. (See, Attachment 1).
     I declare under penalty of perjury that the foregoing is true and correct.  Executed on 
May 17, 2021 at Atlanta, GA.
Radka T. Nations
ASSISTANT U.S. ATTORNEY
Case 1:20-cr-00296-JPB-CMS     Document 122     Filed 05/20/21     Page 1 of 4

Attachment 1
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION
COURT CASE NUMBER: 1:20-CR-296-JPB-AJB; NOTICE OF FORFEITURE
Notice is hereby given that on March 12, 2021, in the case of U.S. v. Bern 
Benoit A/K/A Burn Benoit, Court Case Number 1:20-CR-296-JPB-AJB, 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:
$431,408.28 in funds from Account #xxxxx6415 at JPMorgan Chase Bank in the 
name of Transportation Management Services Inc. Acct# xxxxx6415 
(20-FBI-004345) which was seized from Transportation Management Services Inc. 
on June 29, 2020 at JPMorgan Chase Bank, 7534 Sprout Springs Rd., located in 
Flowery Branch, GA
$30,025.08 in funds from Account #xxxxxx9428 at JPMorgan Chase Bank in the 
name of Bern Benoit Acct# xxxxxx9428 (20-FBI-004350) which was seized from 
Bern Benoit on June 29, 2020 at JPMorgan Chase Bank, 7534 Sprout Springs Rd., 
located in Flowery Branch, GA
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 16, 2021) 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 
Case 1:20-cr-00296-JPB-CMS     Document 122     Filed 05/20/21     Page 2 of 4

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 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 1:20-cr-00296-JPB-CMS     Document 122     Filed 05/20/21     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 16, 2021 and April 14, 2021.  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: 
1:20-CR-296-JPB-AJB
For Asset ID(s):      
U.S. v. Bern Benoit A/K/A Burn Benoit
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
03/16/2021
 2
 23.8
Verified
03/17/2021
 3
 23.8
Verified
03/18/2021
 4
 24.0
Verified
03/19/2021
 5
 23.9
Verified
03/20/2021
 6
 23.9
Verified
03/21/2021
 7
 23.9
Verified
03/22/2021
 8
 23.9
Verified
03/23/2021
 9
 23.9
Verified
03/24/2021
 10
 23.9
Verified
03/25/2021
 11
 23.9
Verified
03/26/2021
 12
 23.9
Verified
03/27/2021
 13
 23.8
Verified
03/28/2021
 14
 23.9
Verified
03/29/2021
 15
 23.9
Verified
03/30/2021
 16
 23.9
Verified
03/31/2021
 17
 23.9
Verified
04/01/2021
 18
 23.9
Verified
04/02/2021
 19
 23.9
Verified
04/03/2021
 20
 23.9
Verified
04/04/2021
 21
 23.9
Verified
04/05/2021
 22
 23.9
Verified
04/06/2021
 23
 23.9
Verified
04/07/2021
 24
 23.9
Verified
04/08/2021
 25
 23.9
Verified
04/09/2021
 26
 23.9
Verified
04/10/2021
 27
 23.9
Verified
04/11/2021
 28
 24.0
Verified
04/12/2021
 29
 23.9
Verified
04/13/2021
 30
 23.9
Verified
04/14/2021
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 1:20-cr-00296-JPB-CMS     Document 122     Filed 05/20/21     Page 4 of 4

File and source

File

gov.uscourts.gand.279866.122.0.pdf

Size

176,282 bytes

SHA-256

5bf435965037d8c2ae3cad20c0d6b388c123c1d89c3cbf784dcb1a8226c5f266

Our copy

gov.uscourts.gand.279866.122.0.pdf

Original

PACER (login required)