Court filing
NOTICE OF FILING Declaration of Publication, Publication ended 9/10/2021 as to Darrell… — USA v. Thomas et al (Dkt. 398)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-12-01 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 398 · 2021-12-01 · Docket on CourtListener
Summary
A declaration of publication filed December 1, 2021 as Document 398 in USA v. Thomas et al, No. 1:20-cr-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. An Assistant U.S. Attorney declares under penalty of perjury that, in accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2 of the Federal Rules of Criminal Procedure, notice of the forfeiture was posted on an official government internet site for at least 30 consecutive days, beginning August 12, 2021 and ending September 10, 2021. The declaration is executed at Atlanta and refers to Attachment 1. The attached notice states the United States' intent to dispose of the forfeited property and sets out the procedure for an ancillary petition within 60 days of the first publication date and for petitions for remission or mitigation under 28 C.F.R. Sections 9.1 - 9.9. The filing runs four pages.
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Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
)
)
)
Plaintiff,
)
)
v.
1:20-CR-296-JPB-AJB
)
)
DARRELL THOMAS
)
)
Defendant.
DECLARATION OF PUBLICATION
In accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6)(C) of the Federal Rules
of Criminal Procedure, notice of the forfeiture was posted on an official government internet
site (www.forfeiture.gov) for at least 30 consecutive days, beginning on August 12, 2021
and ending on September 10, 2021. (See, Attachment 1).
I declare under penalty of perjury that the foregoing is true and correct. Executed on
December 1, 2021 at Atlanta, GA.
RADKA T. NATIONS
Assistant U.S. Attorney
Case 1:20-cr-00296-JPB-CMS Document 398 Filed 12/01/21 Page 1 of 4
Case 1:20-cr-00296-JPB-CMS Document 398 Filed 12/01/21 Page 2 of 4
William Shaffer on April 26, 2021 at Auto Pawn of Daytona, 879 Mason Ave.,
located in Daytona Beach, FL
The United States hereby gives notice of its intent to dispose of the forfeited
property in such manner as the United States Attorney General may direct. Any person,
other than the defendant(s) in this case, claiming interest in the forfeited property must file
an ancillary petition within 60 days of the first date of publication (August 12, 2021) of this
Notice on this official government internet web site, pursuant to Rule 32.2 of the Federal
Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1). The ancillary petition must be
filed with the Clerk of the Court, 75 Ted Turner Drive S.W., Suite 2211, Atlanta, GA
30303, and a copy served upon Assistant United States Attorney Radka Nations, 75 Ted
Turner Drive S.W., Suite 600, Atlanta, GA 30303. The ancillary petition shall be signed
by the petitioner under penalty of perjury and shall set forth the nature and extent of the
petitioner's right, title or interest in the forfeited property, the time and circumstances of the
petitioner's acquisition of the right, title and interest in the forfeited property and any
additional facts supporting the petitioner's claim and the relief sought, pursuant to 21
U.S.C. § 853(n).
Following the Court’s disposition of all ancillary petitions filed, or if no such petitions
are filed, following the expiration of the period specified above for the filing of such
ancillary petitions, the United States shall have clear title to the property and may warrant
good title to any subsequent purchaser or transferee.
The government may also consider granting petitions for remission or mitigation,
which pardon all or part of the property from the forfeiture. A petition must include a
description of your interest in the property supported by documentation; include any facts
you believe justify the return of the property; and be signed under oath, subject to the
penalty of perjury, or meet the requirements of an unsworn statement under penalty of
perjury. See 28 U.S.C. Section 1746. For the regulations pertaining to remission or
mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of
the forfeiture are found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the
forfeiture are found at 28 C.F.R. Section 9.5(b). The petition for remission need not be
made in any particular form and may be filed online or in writing. You should file a petition
for remission not later than 11:59 PM EST 30 days after the date of final publication of this
notice. See 28 C.F.R. Section 9.3(a). The https://www.forfeiture.gov/FilingPetition.htm
website provides access to a standard petition for remission form that may be mailed and
the link to file a petition for remission online. If you cannot find the desired assets online,
you must file your petition for remission in writing by sending it to Assistant United States
Attorney Radka Nations, 75 Ted Turner Drive S.W., Suite 600, Atlanta, GA 30303. This
website provides answers to frequently asked questions (FAQs) about filing a petition for
remission. You may file both an ancillary petition with the court and a petition for
remission or mitigation.
Case 1:20-cr-00296-JPB-CMS Document 398 Filed 12/01/21 Page 3 of 4
Case 1:20-cr-00296-JPB-CMS Document 398 Filed 12/01/21 Page 4 of 4File and source
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