Reply Brief as to Carl Delano Torjagbo filed by USA re 61 Motion for Interlocutory Sale — USA v. Torjagbo (Dkt. 104, 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. 104 · 2024-07-31 · 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-171-MLB-RDC 
 
REPLY BRIEF IN SUPPORT OF  
MOTION FOR INTERLOCUTORY SALE OF REAL PROPERTY (DOC. 61) 
The United States of America, by Ryan K. Buchanan, United States Attorney, 
and Nicholas L. Evert, Assistant United States Attorney, for the Northern District 
of Georgia, hereby files this Reply Brief in support of its Motion for Interlocutory 
Sale of the Subject Real Properties1 (Doc. 61).  
The Defendant, Carl Delano Torjagbo, has been in custody pending trial since 
May 12, 2022. On August 29, 2023, the Government sought the Court’s approval 
to immediately sell the Subject Real Properties and hold the net proceeds of such 
sales in lieu of the Subject Real Properties pending the resolution of the matter 
 
1 As set forth in the Motion for Interlocutory Sale, the Subject Real Properties 
are: (1) Real property located at 5114 Greythorne Lane, Marietta, Georgia 30068 
and all buildings, appurtenances, improvements and attachments thereon; (2) 
real property located at 101 Holt Drive, Acworth, Georgia 30101 and all 
buildings, appurtenances, improvements and attachments thereon; and (3) Tract 
4 Fiber Drive, Cartersville, Georgia 30120 and all buildings, appurtenances, 
improvements and attachments thereon. 
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pursuant to Rule 32.2(b)(7) of the Federal Rules of Criminal Procedure and Rule 
G(7) of the Supplemental Rules for Admiralty or Maritime Claims and Asset 
Forfeiture Actions (hereinafter, “Supplemental Rules”) on the grounds that (a) 
the Subject Real Properties had been vacant and/or had not been maintained and 
were rapidly deteriorating and (b) property taxes had not been paid on 5114 
Greythorne Lane since 2022 and were approximately $38,000 in arrears. Torjagbo 
did not respond. 
On July 9, 2024, having learned of additional information that supported its 
motion for interlocutory sale, the Government filed a supplemental brief in 
support of its motion (Doc. 103). Specifically, the Government informed the 
Court that: 
a. A total of $43,784.89 in taxes are unpaid for the 5114 Greythorne 
Lane property. 
b. A total of $5,725.73 in taxes are unpaid for the 101 Holt Drive 
property.  
c. A total of $2,593.14 in taxes are unpaid for the Tract 4 Fiber Drive 
property.  
d. Unauthorized individuals, believed to be squatters by the Home 
Owners’ Association (“HOA”) for the 5114 Greythorne Lane 
property, have been seen entering the property.  
e. The HOA for the 5114 Greythorne Lane property has been routinely 
incurring expenses to maintain the exterior appearance of the 
property, including routine lawn maintenance, in order to prevent 
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the property from becoming a blight in the neighborhood. While the 
HOA observed an apparent Torjagbo associate initially take steps to 
maintain the property immediately after Torjagbo was detained, no 
one in the neighborhood has observed anyone caring for the 
property on behalf of Torjagbo in more than a year. 
 On July 17, 2024, Torjagbo filed a response brief, stating that he “does not 
accede to the Government’s assertions that the condition of the 5114 Greythorne 
Lane property is rapidly deteriorating or that the property is at risk of 
deterioration or decay.” (Doc. 103). He also disputed the assertion that there are 
squatters on the property and noted that the Government has recorded lis 
pendens on the Subject Real Properties. 
However, Torjagbo does not provide any basis for his position or otherwise 
meaningfully address the Government’s concerns. For example, Torjagbo does 
not dispute that more than $50,000 in taxes are unpaid for the Subject Real 
Properties, that the exterior of 5114 Greythorne Lane would already have 
deteriorated if not for the efforts of the HOA, or that 5114 Greythorne Lane has at 
least been targeted for illegal possession by possible squatters.  
Accordingly, the Government’s has shown that the Subject Real Properties are 
“at risk of deterioration, decay, or injury” and “subject to . . . taxes on which 
[Torjagbo] is in default[,]” and as a result the Court should grant this motion. See 
Supp. R. G(7)(b)(i)(A) & (C). 
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Conclusion 
For the foregoing reasons, the Government respectfully request that the Court 
grant the Motion for Interlocutory Sale (Doc. 61). 
 
Respectfully submitted, 
 
RYAN K. BUCHANAN 
United States Attorney 
 
/s/ Nicholas L. Evert 
NICHOLAS L. EVERT 
Assistant United States Attorney 
Georgia Bar No. 693062 
nicholas.evert@usdoj.gov 
 
 
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