Consent Preliminary Order of Forfeiture as to Charles Hill, IV — USA v. Thomas et al. (Dkt. 386, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 386 · 2021-10-06 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
Criminal Action No. 
v. 
CHARLES HILL, IV 
1:20-CR-00296-JPB-CMS 
CONSENT PRELIMINARY ORDER OF FORFEITURE 
Charles Hill, IV, having pied 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 386     Filed 10/06/21     Page 1 of 4

on the North side of Rockwell Street (60.2) feet West of Northwest Comer 
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)(l), 
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 
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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)(l)(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). 
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Case 1:20-cr-00296-JPB-CMS     Document 386     Filed 10/06/21     Page 3 of 4

SO ORDERED this 6th day of October, 2021.
Submitted by: 
/ s / Tai C. Chaiken 
Tai C. Chaiken 
Assistant United States Attorney 
4 
Attorney for Defendant 
Georgia Bar No. 634075 
The Secret Firm 
1691 Phoenix Blvd, Ste. 390 
Atlanta, GA 30349 
( 404) 798-5200
asecret@thesecretfirm.com
Case 1:20-cr-00296-JPB-CMS     Document 386     Filed 10/06/21     Page 4 of 4

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