Motion For Final Order of Forfeiture by USA as to Bern Benoit — USA v. Thomas et al. (Dkt. 123, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 123 · 2021-05-20 · Docket on CourtListener

Full text

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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-296-JPB-AJB 
MOTION FOR FINAL ORDER OF FORFEITURE 
COMES NOW the United States of America (United States), pursuant to 
Rule 32.2(c) of the Federal Rules of Criminal Procedure and moves the Court for a 
final order of forfeiture.  In support thereof, the United States states the following:  
Defendant Bern Benoit, a/k/a Burn Benoit, pleaded guilty to Count Seven 
of the Indictment.  The Consent Preliminary Order of Forfeiture was entered on 
March 12, 2021 [Doc. 101], forfeiting the following property to the United States 
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. 
Pursuant to 21 U.S.C. § 853(n)(1), as incorporated by 18 U.S.C. § 982(b)(1), the 
United States posted notice of the forfeiture action on the official government 
Case 1:20-cr-00296-JPB-CMS     Document 123     Filed 05/20/21     Page 1 of 3

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internet site forfeiture.gov for at least thirty consecutive days beginning on March 
16, 2021, and ending on April 14, 2021 [Doc. 122]. 
Unless excused, anyone claiming an interest in the funds must file a petition 
with the Court requesting a hearing to adjudicate that interest.  Such a petition 
must be filed “within thirty days of the final publication of notice or his receipt of 
notice…whichever is earlier”.  21 U.S.C. § 853(n)(2).  No one has filed a petition in 
this criminal ancillary proceeding and the time to do so has expired.  Thus, the 
funds should be forfeited to the United States pursuant to Fed. R. Crim. P. 
32.2(c)(2) and 18 U.S.C. § 982(a)(2). 
WHEREFORE, the United States respectfully requests that this Court enter 
a final order of forfeiture allowing the United States to dispose of the funds 
according to law. 
Respectfully submitted, 
KURT R. ERSKINE 
Acting United States Attorney 
                                                                /s/ RADKA T. NATIONS 
Assistant United States Attorney 
Georgia Bar No. 618248 
600 U.S. Courthouse 
75 Ted Turner Drive, S.W. 
Atlanta, Georgia 30303 
(404)581-6000 – phone 
Radka.Nations2@usdoj.gov 
Case 1:20-cr-00296-JPB-CMS     Document 123     Filed 05/20/21     Page 2 of 3

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Certificate of Service 
I served this document today by filing it using the Court’s CM/ECF system, 
which automatically notifies the parties and counsel of record. 
May 20, 2021 
 
/s/ RADKA T. NATIONS 
 
 
RADKA T. NATIONS 
 
Assistant United States Attorney 
 
Case 1:20-cr-00296-JPB-CMS     Document 123     Filed 05/20/21     Page 3 of 3

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