Final Motion for Forfeiture of Property by USA as to Charles Hill, IV — USA v. Thomas et al. (Dkt. 1119, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 1119 · 2024-09-06 · 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. 
CHARLES HILL, IV 
 
Criminal Action No. 
1:20-cr-00296-JPB-CMS 
MOTION FOR FINAL ORDER OF FORFEITURE 
COMES NOW the United States of America, pursuant to Rule 32.2(c) of the 
Federal Rules of Criminal Procedure and moves the Court for a final order of 
forfeiture.  In support thereof, the United States states the following:  
Defendant Charles Hill, IV pleaded guilty to Count Twenty-Five of the Second 
Superseding Indictment. (Doc. 384). The Consent Preliminary Order of Forfeiture 
was entered on October 6, 2021, (Doc. 386), forfeiting the following real property 
to the United States 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 
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 
Case 1:20-cr-00296-JPB-CMS     Document 1119     Filed 09/06/24     Page 1 of 4

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(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. 
 
(the “Rockwell Street Property”). 
Pursuant to 21 U.S.C. § 853(n)(1), the United States posted notice of the 
forfeiture action on the official government internet site forfeiture.gov for at least 
30 consecutive days beginning on April 8, 2024, and ending on May 7, 2024. (Doc. 
1118).   
The United States also sent notice of the forfeiture action to all known third 
parties who may have an interest in the property.  Specifically, a forfeiture notice 
was sent by certified mail and email to New Horizon Real Estate LLC, via their 
counsel, Brooke W. Gram. New Horizon Real Estate, LLC purchased the Rockwell 
Street Property on or about October 6, 2021 from The Atlanta 10 Group, LLC. On 
April 15, 2024, New Horizon Real Estate, LLC filed a “Petition to Contest the 
Forfeiture of Property,” (Doc. 967), and the United States agreed to compromise 
and settle their interest in the Stipulated Settlement Agreement filed on July 12, 
2024 by allowing New Horizon Real Estate, LLC to remit a payment of $62,500.00 
in lieu of forfeiting the Rockwell Street Property. (Doc. 1069). New Horizon Real 
Estate, LLC remitted payment to the United States Marshals Service on July 26, 
2024. 
Unless excused, anyone else claiming an interest in the property must file a 
petition with the Court requesting a hearing to adjudicate that interest.  Such a 
petition must be filed “within thirty days of the final publication of notice or his 
receipt of notice…whichever is earlier.”  21 U.S.C. § 853(n)(2).  No one else has 
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filed a petition in this criminal ancillary proceeding, and the time to do so has 
expired.  Thus, the $62,500.00 as substitute res for the Rockwell Street Property 
should be forfeited to the United States pursuant to Fed. R. Crim. P. 32.2(c)(2) and 
21 U.S.C. § 853(a). 
WHEREFORE, the United States respectfully requests that this Court enter a 
final order of forfeiture allowing the United States to dispose of the $62,500.00 as 
substitute res for the Rockwell Street Property, according to law. 
Respectfully submitted, 
RYAN K. BUCHANAN 
United States Attorney 
/s/NORMAN L. BARNETT 
Assistant United States Attorney 
 
Georgia Bar No. 153292 
600 U.S. Courthouse 
75 Ted Turner Drive, S.W. 
Atlanta, Georgia 30303 
(404)581-6000 – phone 
(404)581-6181 - fax 
norman.barnett@usdoj.gov 
 
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Certificate of Service 
I served this document today by filing it using the Court’s CM/ECF system, 
which automatically notifies the parties and counsel of record. 
September 6, 2024 
 
/s/ NORMAN L. BARNETT 
 
 
NORMAN L. BARNETT 
 
Assistant United States Attorney 
 
 
 
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