Court filing

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

Summary

The government's motion for a final order of forfeiture against Bern Benoit, also known as Burn Benoit, Criminal Action No. 1:20-CR-296-JPB-AJB, U.S. District Court for the Northern District of Georgia, filed 05/20/21 as Document 123 (3 pages). It states that Benoit pleaded guilty to Count Seven of the indictment and that a consent preliminary order entered on March 12, 2021 forfeited $431,408.28 seized from a JPMorgan Chase account in the name of Transportation Management Services, Inc. and $30,025.08 seized from an account in Benoit's name. Notice was posted on forfeiture.gov from March 16, 2021 to April 14, 2021, and no one filed a petition. The government asks the court to enter a final order so it can dispose of the funds.

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Filed May 20, 2021 in USA v. Thomas et al.; one of 541 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of Georgia
Filed	2021-05-20

Cite this document

“Motion For Final Order of Forfeiture by USA as to Bern Benoit — USA v. Thomas et al. (Dkt. 123, N.D. Ga.).” U.S. District Court for the Northern District of Georgia, No. 1:20-cr-00296-JPB-CMS, Doc. 123, filed 2021-05-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-bern-benoit-gand-279866/2021-05-20-gov-uscourts-gand-279866-123-0-doc-123/, SHA-256 c26accc01c9cc96d7aaef2fccc20c1949ff5951e8c5fea9a19ccbb3383bd823e.

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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-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

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

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

File and source

File: gov.uscourts.gand.279866.123.0.pdf
Size: 110,621 bytes
SHA-256: c26accc01c9cc96d7aaef2fccc20c1949ff5951e8c5fea9a19ccbb3383bd823e
Our copy: gov.uscourts.gand.279866.123.0.pdf
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