Motion for Interlocutory Sale by USA as to Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 61, 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. 61 · 2023-08-29 · Docket on CourtListener

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600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303 
(404) 581-6000   fax (404) 581-6181 
 
 
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 
UNITED STATES’ MOTION FOR INTERLOCUTORY SALE 
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 move this Court pursuant to Rule 32.2(b)(7) of the Federal 
Rules of Criminal Procedure for an order authorizing the immediate sale of each 
of the following pieces of real property which are listed in the forfeiture 
provision of the Criminal Indictment: 
a. Real property located at 5114 Greythorne Lane, Marietta, Georgia 30068 
and all buildings, appurtenances, improvements and attachments 
thereon; 
b. Real property located at 101 Holt Drive, Acworth, Georgia 30101 and all 
buildings, appurtenances, improvements and attachments thereon; and, 
c. Tract 4 Fiber Drive, Cartersville, Georgia 30120 and all buildings, 
appurtenances, improvements and attachments thereon, 
(collectively, “Subject Real Properties”).  In support of this motion, the 
Government shows the Court the following: 
Case 1:22-cr-00171-MLB-RDC     Document 61     Filed 08/29/23     Page 1 of 5

600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303 
(404) 581-6000   fax (404) 581-6181 
 
 
1. Relevant Factual and Procedural Background 
On May 10, 2022, a Grand Jury, sitting in the Northern District of Georgia, 
returned a seven-count Criminal Indictment against the Defendant for one count 
of bank fraud and multiple counts of money laundering.  (Doc. 1.)  The 
Indictment alleged that beginning in or about January 2021 and continuing 
through at least March 2021, the Defendant submitted false and fraudulent 
information to certain financial institutions in order to obtain over $9 million in 
loan proceeds under the Paycheck Protection Program.  The Indictment included 
a forfeiture provision that notified the Defendant that, upon conviction, the 
government would seek to forfeit property constituting, or derived from, 
proceeds obtained, directly or indirectly, as a result of bank fraud and property, 
real or personal, involved in the money laundering offenses, and all property 
traceable to such money laundering offenses.  The Indictment listed each of the 
Subject Real Properties as property that the government alleged was subject to 
forfeiture.  The Defendant, alone, owns each of the real properties either in his 
own name, in the name of his alias, Karl Lucius Delano or in the name of an 
entity solely owned and controlled by him, FlyingJack Freight & Logistics LLC.  
The Defendant was ordered detained pending trial on May 12, 2022.  (Doc. 
11.)  Since that time, the Subject Real Properties have been vacant and/or have 
not been maintained and are rapidly deteriorating.  Moreover, public records 
reflect that property taxes have not been paid on 5114 Greythorne Lane since 
2022 and are approximately $38,000 in arrears.  Accordingly, the Government 
seeks the Court’s approval to immediately sell each of the Subject Real Properties 
Case 1:22-cr-00171-MLB-RDC     Document 61     Filed 08/29/23     Page 2 of 5

600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303 
(404) 581-6000   fax (404) 581-6181 
 
 
and to hold the net proceeds of such sales in lieu of the Subject Real Properties 
pending resolution of this matter. 
2. Argument and Citation of Authority 
Federal Rule of Criminal Procedure 32.2(b)(7) authorizes a district court, at 
any time before the entry of a final order of forfeiture, to permit the interlocutory 
sale of property that is alleged to be forfeitable in accordance with Rule G(7) of 
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture 
Actions (hereinafter, “Supplemental Rules”).  Supplemental Rules G(7)(a)-(b) 
authorizes a court to enter any order to preserve property subject to a pending 
forfeiture action that is not in the government’s possession if: 
(A)  the property is perishable or at risk of deterioration, decay, 
or injury by being detained in custody pending the action; 
(B)  the expense of keeping the property is excessive or is 
disproportionate to its fair market value;  
(C)  the property is subject to a mortgage or to taxes on which the 
owner is in default; or 
(D) the court finds other good cause. 
(Supp. R. G(7)(b)).  The proceeds of an interlocutory sale “are a substitute res 
subject to forfeiture in place of the property that was sold” and “must be held in 
an interest-bearing account maintained by the United States pending conclusion 
of the forfeiture action.”  Supp. R. G(7)(b)(iv).  If, at the conclusion of a case, the 
court orders the forfeiture of the sale proceeds, the proceeds are disposed of as 
provided by law.  Supp. R. G(7)(c). 
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600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303 
(404) 581-6000   fax (404) 581-6181 
 
 
Here, interlocutory sale of each of the Subject Real Properties is warranted 
because the properties are at risk of deterioration or decay.  Specifically, the 
Subject Real Properties have a total fair market value of over $1.5 million.  Since 
indictment, however, the Defendant has been incarcerated.  Accordingly, the 
properties have not been maintained, leading to the potential risk that the 
properties will deteriorate and negatively affect the fair market values.  Indeed, 
at least as to the 5114 Greythorne Lane property, the government has been 
notified that the property has physically deteriorated and become an eyesore in 
the neighborhood.  Moreover, the property taxes have not been paid on 5114 
Greythorne Lane for almost two years, which places the property at risk of 
becoming encumbered.  The sale of each of the real properties, therefore, would 
allow the preservation of funds for disposition at the conclusion of this matter. 
Therefore, there is good cause under Federal Rule of Criminal Procedure 
32.2(b)(7) and Supplemental Rule G(7) to sell each of the Subject Real Properties 
prior to the entry of a final order of forfeiture. 
The Government contacted counsel for Defendant prior to filing this motion, 
but has not received a response as to whether the Defendant opposes or consents 
to the motion.  
 
 
 
 
 
Case 1:22-cr-00171-MLB-RDC     Document 61     Filed 08/29/23     Page 4 of 5

600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303 
(404) 581-6000   fax (404) 581-6181 
 
 
Conclusion 
For all the foregoing reasons, the Government respectfully requests that the 
Court grant this motion. 
 
Respectfully submitted, 
 
RYAN K. BUCHANAN 
United States Attorney 
 
/S/ RADKA T. NATIONS 
Assistant United States Attorney 
Georgia Bar No. 618248 
Radka.Nations2@usdoj.gov 
 
 
 
 
Case 1:22-cr-00171-MLB-RDC     Document 61     Filed 08/29/23     Page 5 of 5

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