Court filing
NOTICE OF FILING Declaration of Publication, Publication ended on 11/25/2021 as to… — USA v. Thomas et al (Dkt. 399)
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. 399 · 2021-12-01 · Docket on CourtListener
Summary
A Declaration of Publication filed December 1, 2021 as Document 399 in United States v. Darrell Thomas, No. 1:20-cr-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia. Assistant U.S. Attorney Radka Nations declares under 21 U.S.C. § 853(n)(1) that notice of forfeiture was posted on an official government website for at least 30 consecutive days, from October 27, 2021 to November 25, 2021. Attachment 1, a Notice of Forfeiture, states that on August 04, 2021 the Court ordered forfeiture of $1,113,113.97 in funds at Bank of America in the name of Elite Executive Services Inc., seized June 29, 2020. It sets out how persons other than the defendant may file an ancillary petition within 60 days or petition for remission or mitigation. An advertisement certification report records the website's daily hours of availability for each of the 30 days.
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Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
UNITED STATES OF AMERICA,
)
)
)
Plaintiff,
)
)
v.
1:20-CR-296-JPB-CMS
)
)
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 October 27, 2021
and ending on November 25, 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 Nations
Assistant U.S. Attorney
Case 1:20-cr-00296-JPB-CMS Document 399 Filed 12/01/21 Page 1 of 4
Attachment 1
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
COURT CASE NUMBER: 1:20-CR-296-JPB-CMS; NOTICE OF FORFEITURE
Notice is hereby given that on August 04, 2021, in the case of U.S. v. DARRELL
THOMAS, Court Case Number 1:20-CR-296-JPB-CMS, the United States District Court
for the Northern District of Georgia entered an Order condemning and forfeiting the
following property to the United States of America:
$1,113,113.97 in funds from Account #
4823 at Bank of America in the
name of Elite Executive Services Inc. Acct#
4823 (20-FBI-004347) which
was seized from Elite Executive Services Inc. on June 29, 2020 at Bank of America,
1500 Buford Highway, located in Buford, GA
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 (October 27, 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
Case 1:20-cr-00296-JPB-CMS Document 399 Filed 12/01/21 Page 2 of 4
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 399 Filed 12/01/21 Page 3 of 4
Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day
between October 27, 2021 and November 25, 2021. Below is a summary report that identifies the uptime
for each day within the publication period and reports the results of the web monitoring system’s daily
check that verifies that the advertisement was available each day.
Court Case No:
1:20-CR-296-JPB-CMS
For Asset ID(s):
U.S. v. DARRELL THOMAS
See Attached Advertisement Copy
Consecutive
Calendar Day
Count
Date Advertisement
Appeared on the
Web Site
Total Hours Web Site
was Available during
Calendar Day
Verification that
Advertisement
existed on Web Site
1
23.9
Verified
10/27/2021
2
23.9
Verified
10/28/2021
3
23.8
Verified
10/29/2021
4
23.9
Verified
10/30/2021
5
23.9
Verified
10/31/2021
6
23.9
Verified
11/01/2021
7
23.9
Verified
11/02/2021
8
23.9
Verified
11/03/2021
9
23.9
Verified
11/04/2021
10
23.9
Verified
11/05/2021
11
23.9
Verified
11/06/2021
12
24.0
Verified
11/07/2021
13
23.9
Verified
11/08/2021
14
23.9
Verified
11/09/2021
15
23.8
Verified
11/10/2021
16
23.8
Verified
11/11/2021
17
23.9
Verified
11/12/2021
18
23.9
Verified
11/13/2021
19
23.8
Verified
11/14/2021
20
23.9
Verified
11/15/2021
21
23.9
Verified
11/16/2021
22
23.9
Verified
11/17/2021
23
23.9
Verified
11/18/2021
24
23.9
Verified
11/19/2021
25
23.9
Verified
11/20/2021
26
23.9
Verified
11/21/2021
27
23.9
Verified
11/22/2021
28
23.9
Verified
11/23/2021
29
23.9
Verified
11/24/2021
30
23.9
Verified
11/25/2021
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 1:20-cr-00296-JPB-CMS Document 399 Filed 12/01/21 Page 4 of 4File and source
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