PROPOSED CONSENT ORDER Preliminary Order of Forfeiture as to Charles Hill, IV — USA v. Thomas et al (Dkt. 385)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 385 · 2021-10-06 · Docket on CourtListener

Summary

A proposed consent preliminary order of forfeiture as to Charles Hill, IV, filed October 6, 2021 as Document 385 in United States v. Thomas et al., Criminal Action No. 1:20-CR-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia. It recites that the defendant pled guilty to Count Twenty-Five of the Second Superseding Indictment, under which the government sought forfeiture under 18 U.S.C. § 982(a)(2). The proposed order would forfeit a parcel of improved real property in Fulton County, Georgia and would authorize its seizure under Fed. R. Crim. P. 32.2(b)(3). It sets out publication and notice steps and a thirty-day window for third-party petitions under 21 U.S.C. § 853(n)(2). The signature line for Judge J. P. Boulee is undated, and the order was submitted by an Assistant United States Attorney.

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Case 1:20-cr-00296-JPB-CMS Document 385 Filed 10/06/21 Page1of4

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNITED STATES OF AMERICA
Criminal Action No.

1:20-CR-00296-JPB-CMS

v.

CHARLES HILL, IV

CONSENT PRELIMINARY ORDER OF FORFEITURE
Charles Hill, IV having pled guilty to Count Twenty-Five of the Second

Superseding Indictment, pursuant to which the United States sought forfeiture of
certain property under 18 U.S.C. § 982(a)(2), and the Court having determined that
the property described below is subject to forfeiture pursuant thereto, that the
Government has established the requisite nexus between said property and the
offense charged in Count Twenty-Five the Second Superseding Indictment and the
Defendant having consented to this Consent Preliminary Order of Forfeiture
becoming final as to him, being made a part of his sentence and being included in
the judgment against him;

IT IS HEREBY ORDERED that Charles Hill, IV shall forfeit to the United

States the following property pursuant to 18 U.S.C. §§ 982(a)(2):
#503-505 ROCKWELL STREET, S.W., FULTON COUNTY
ATLANTA GEORGIA
[Parcel ID No.: 14-0086-0007-075-3]

All that tract or parcel of land lying and being in Land Lot 86 of the 14th
District, Fulton County, Georgia, as per survey of property of C.G. Aycock
and the B-X Corporation, dated May 4, 1949, by Harold L. Bush, Reg.
Surveyor and more particularly described as follows: Beginning at a point
Case 1:20-cr-00296-JPB-CMS Document 385 Filed 10/06/21 Page 2 of 4

on the North side of Rockwell Street (60.2) feet West of Northwest Corner
of Rockwell and Coleman Streets at an iron pin; thence Northerly (75) feet
to an iron pin and the South side of a (10) foot alley; thence West (34) feet to
an iron pin; thence Southerly (75) feet to an iron pin and the North side of
Rockwell Street; thence Easterly along the North side of Rockwell street
(35.2) feet to an iron pin and the point of beginning. The same being
improved property known as #503-505 Rockwell Street, S.W. according to
the present system of numbering houses in the City of Atlanta, Georgia.

IT IS HEREBY ORDERED that upon entry of this order, the United States
Attorney General, or his designee, is authorized to seize the property in
accordance with Fed. R. Crim. P. 32.2(b)(3).

The United States shall publish notice of this Order and its intent to dispose
of the property in accordance with Fed. R. Crim. P. 32.2(b)(6) and in such a manner
as described in Supplemental Rule G(4)(a)(iii) and (iv) of the Federal Rules of Civil
Procedure. The United States shall send written notice, in accordance with
Supplemental Rule G(4)(b)(iii)-(v), to any person who reasonably appears to be a
potential claimant with standing to contest the forfeiture of the above-listed
property in the ancillary proceeding.

Pursuant to 21 U'S.C. § 853(n)(2), as incorporated by 18 U.S.C. § 982(b)(1),
any person, other than the named Defendant, asserting a legal interest in the
property may within thirty days of the final publication of the notice or their
receipt of the notice, whichever is earlier, petition the Court for a hearing without
a jury to adjudicate the validity of their alleged interest in the property and for an
amendment to the order of forfeiture. Any petition filed by a third party asserting

an interest in the property shall be signed by the petitioner under penalty of
2
Case 1:20-cr-00296-JPB-CMS Document 385 Filed 10/06/21 Page 3of4

perjury and shall set forth the nature and extent of the petitioner’s right, title, or
interest in the property, the time and circumstance of the petitioner’s acquisition
of the right, title, or interest, and any additional facts supporting the petitioner's
claim and the relief sought.

After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A)
and before a hearing on the petition, discovery may be conducted in accordance
with the Federal Rules of Civil Procedure upon a showing that such discovery is
necessary or desirable to resolve factual issues.

The United States shall have clear title to the property following the Court's
disposition of all third-party interests or, if none, following the expiration of the
period provided in 21 U.S.C. § 853(n)(2) for the filing of the third-party petitions.
The Court shall retain jurisdiction to enforce this order and to amend it as
necessary, pursuant to Fed. R. Crim. P. 32.2(e).

IT IS FURTHER ORDERED that, pursuant to Fed. R. Crim. P. 32.2(b)(4), this
Preliminary Order of Forfeiture is hereby final as to the Defendant but remains

preliminary as to third parties until the ancillary proceeding is concluded under

Rule 32.2(c).
Case 1:20-cr-00296-JPB-CMS Document 385 _ Filed 10/06/21 Page 4of4

SO ORDERED this day of , 2021.

J. P. BOULEE
UNITED STATES DISTRICT JUDGE

Submitted by:

/s/ Tal C. Chaiken

Tal C. Chaiken
Assistant United States Attorney

Attorney for Defendant
Georgia Bar No. 634075
The Secret Firm

1691 Phoenix Blvd, Ste. 390
Atlanta, GA 30349

(404) 798-5200
asecret@thesecretfirm.com

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