Motion for Order Allowing the Government to Maintain Custody of Seized Property — USA v. Torjagbo (Dkt. 43, N.D. Ga. No. 1:22-cr-00171)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 43 · 2022-11-22 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
           v. 
CARL DELANO TORJAGBO A/K/A 
KARL LUCIUS DELANO 
 
Criminal Action No.  
1:22-cr-00171-MLB-RDC 
  
 
Motion for Order Allowing the Government to Maintain Custody of Seized 
Property Pursuant to 18 U.S.C. § 983(a)(3)(B)(ii)(II) 
The United States of America, by Ryan K. Buchanan, United States Attorney, 
and Radka T. Nations, Assistant United States Attorney for the Northern District 
of Georgia, hereby moves this Court for an order permitting the United States to 
maintain custody of property, which is already in the government’s lawful 
custody, pending the resolution of this criminal case. In support of its motion, the 
United States submits as follows: 
1. On or about May 11, 2022, the Federal Bureau of Investigation (“FBI”) 
seized the following vehicles from Carl Delano Torjagbo a/k/a Karl Lucius 
Delano (“Defendant”) pursuant to federal seizure warrants: 
a. 2021 Land Rover Velar Sport Utility Vehicle with VIN 
SALYM2FU7MA302651; and 
b. 2022 BMW M850XI Sedan with VIN WBAGV8C06NCH96608. 
2. Furthermore, on or about June 8, 2022, the FBI seized the following 
vehicle from the Defendant pursuant to a federal seizure warrant: 
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a. 2014 Lamborghini Aventador with VIN ZHWUC1ZD3ELA02216. 
3. On or about July 8, 2022, in accordance with Title 18, United States Code, 
Section 983(a)(1), the FBI sent written notice of the seizures to all interested parties, 
thereby commencing administrative forfeiture proceedings.  
4. On August 10, 2022, the FBI received claims from the Defendant, via his 
attorney Jay L. Strongwater, contesting the administrative forfeiture of the vehicles 
described in paragraphs One and Two above (hereinafter, “Seized Vehicles”).   
5. Pursuant to Title 18, United States Code, Section 983(a)(3), upon the 
receipt of a claim contesting administrative forfeiture, the United States has 90 
days to: (1) return the seized property, (2) commence a civil judicial forfeiture 
action against the seized property, (3) obtain a criminal indictment that contains a 
forfeiture allegation, or (4) obtain an extension of time from the court to file a civil 
complaint for forfeiture. 
6. Here, the Government obtained a Criminal Indictment that contained a 
forfeiture allegation. Specifically, on May 10, 2020, a Grand Jury sitting in the 
Northern District of Georgia indicted the Defendant, for bank fraud in violation of 
Title 18, United States Code, Section 1344 and money laundering in violation of 
Title 18, United States Code, Sections 1956 and 1957. 
7. The forfeiture provision of this Criminal Indictment provided that upon 
conviction of Count One of the Indictment (bank fraud), the Defendant shall forfeit 
to the United States pursuant to Title 18, United States Code, Section 982(a)(2), any 
property constituting, or derived from, proceeds obtained, directly or indirectly, 
as a result of said violation. The forfeiture allegation of the Criminal Indictment 
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also provided that upon conviction of one or more of the offenses alleged in 
Counts Two through Seven of the Criminal Indictment (money laundering), the 
Defendant shall forfeit to the United States, pursuant to Title 18, United States 
Code, Section 982(a)(1), all property used, real or personal, involved in said 
offenses, and all property traceable to such property.  
8. On July 7, 2022, the United States filed its Bill of Particulars, in which it 
added assets to the forfeiture allegation of the Indictment. (Doc. 25). Among the 
assets listed in the Bill of Particulars were the Seized Vehicles.  
9. Because the United States chose to commence a criminal action 
containing a forfeiture allegation related to property that is already in Government 
custody, the United States must now “take the steps necessary to preserve its right 
to maintain custody of the property as provided in the applicable criminal 
forfeiture statute.” 18 U.S.C. § 983(a)(3)(B)(ii)(II). 
10. The applicable criminal forfeiture statutes here are Title 18, United States 
Code, Section 982, which incorporates the forfeiture procedures set forth in Title 
21, United States Code, Section 853, as incorporated by Title 28, United States 
Code, Section 2461(c). Title 21, United States Code, Section 853 outlines several 
methods that a court may employ to preserve property for the purpose of criminal 
forfeiture, including, the issuance of a seizure warrant, restraining order or 
injunction, or “any other action to preserve the availability of the property . . . for 
forfeiture . . ..”  21 U.S.C. § 853(e)(1) & (f). 
11. A seizure warrant, restraining order or injunction is not required for the 
Government to maintain custody of property already in its custody.  See United 
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States v. Abrahams, Criminal No. 12-cr-0639-JFM, 2013 WL 285719 at *2 (D. Md. Jan. 
24, 2013) (finding that the Government only needs to obtain a criminal indictment 
containing a forfeiture allegation and represent that it will preserve the property 
already in custody in order to obtain a 21 U.S.C. § 853(e) court order for the 
maintenance of property already in Government custody); In re: 2000 White 
Mercedes ML320, 220 F. Supp. 2d 1325-1326 (M.D. Fla. 2001) (finding that if 
property is already in Government custody, a Section 853(f) seizure warrant is not 
necessary or appropriate). 
12. Instead, a court may appropriately issue an order that permits the United 
States to maintain the seized property in Government custody until the resolution 
of the criminal case: 
Where the Government [represents that it has taken seized property 
into custody for purpose of forfeiture and that it will preserve that 
property until resolution of criminal case and related criminal 
forfeiture proceedings], the only court order needed to preserve the 
Government’s right to maintain custody of the property for the 
purposes of Section 983(a)(3)(B)(ii)(II) is a ‘housekeeping’ order 
providing that the Government may continue to maintain custody 
of the seized asset until the criminal case is concluded. 
United States v. Abrahams, Criminal No. 12-cr-0639-JFM, 2013 WL 285719 at *4 (D. 
Md. Jan. 24, 2013) (quotations omitted).  See also United States v. Scarmazzo, 2007 
WL 587183, at *3 (E.D. Cal. Feb. 22, 2007) (finding that the 21 U.S.C. § 853(e)(1) 
provision that authorizes a court to “take any other action to preserve the 
availability of property” subject to forfeiture “applies in circumstances where, as 
here, the Government has already obtained lawful custody of the seized assets 
pursuant to Federal search and seizure warrants, and State search warrants, and 
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the Government seeks to comply with Section 983(a)(3)(B)(ii)(II)”); United States v. 
Standridge, 2007 WL 2572207, at *2 (M.D. Fla. Sept. 5, 2007) (entering order 
preserving of seized funds for forfeiture where the Government had obtained a 
criminal indictment containing an allegation that the property was subject to 
forfeiture and took steps necessary to preserve the Government’s right to maintain 
custody of the seized property under 21 U.S.C. § 853(e) by filing a motion for an 
order to continue to maintain custody of property); In re One 2000 White Mercedes 
ML320, 220 F. Supp. 2d at 1325 (finding that, if property is already in Government 
custody, a court cannot issue a seizure warrant and is not required to issue an 
injunction or restraining order, but only an order that will “assure the availability 
of the property”). 
13. Because the Government previously took the Seized Vehicles into 
custody for forfeiture and hereby represents that it will preserve the Seized 
Vehicles for forfeiture, until the criminal case, including any criminal ancillary 
forfeiture proceedings, is resolved, this Court is authorized to issue an order 
allowing the Government to continue to maintain custody of such property until 
the criminal case is concluded.  See Scarmazzo, 2007 WL 587183 at *3.  
 
WHEREFORE, the United States respectfully requests that this Court issue an 
order under Title 21, United States code, Section 853(e)(1) that (1) directs the 
United States maintain custody of the Seized Vehicles through the conclusion of 
the pending criminal case, including any ancillary forfeiture proceedings, and (2) 
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finds that the United States has satisfied the custody-preservation requirement of 
Title 18, United States Code, Section 983(a)(3)(B)(ii)(II). 
 
  
 
 
 
 
 
 
 
 
Respectfully submitted, 
 
  
 
 
 
 
 
 
 
 
 
RYAN K. BUCHANAN 
  
 
 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Radka T. Nations 
 
 
 
 
 
 
 
 
 
 
 
 
RADKA T. NATIONS  
Assistant United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
Georgia Bar Number. 618248 
 
 
 
 
 
 
 
 
 
 
 
 
600 United States Courthouse 
 
 
 
 
 
 
 
 
 
 
 
 
75 Ted Turner Drive SW 
 
 
 
 
 
 
 
 
 
 
 
 
Atlanta, GA 30303 
 
 
 
 
 
 
 
 
 
 
 
 
Telephone: (404) 581-6000 
  
 
 
 
 
 
 
 
 
 
 
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Certificate of Service 
The United States Attorney’s Office served this document today by filing it 
using the Court’s CM/ECF system, which automatically notifies the parties and 
counsel of record. 
November 22, 2022 
 
/s/ RADKA T. NATIONS 
 
 
RADKA T. NATIONS  
Assistant United States Attorney 
 
 
 
 
 
 
Case 1:22-cr-00171-MLB-RDC     Document 43     Filed 11/22/22     Page 7 of 7

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