Supplemental Consent Preliminary Order of Forfeiture as to Darrell Thomas — USA v. Thomas et al. (Dkt. 468, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 468 · 2022-05-09 · Docket on CourtListener

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RLED IN OPEN COURT
U.S.D.C.. Atlanta
MAY 0 9 2022
KEVINP.WEIMER.Ctork
IN THE UNITED STATES DISTRICT COURT By'' ^L/, Dtput1'
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
l:20-cr-00296-JPB-CMS
Criminal Action No.
V.
DARRELL THOMAS
SUPPLEMENTAL CONSENT PRELIMINARY ORDER OF FORFEITURE
Darrell Thomas having pled guilty to Counts One and Eighteen of the Criminal
Indictment/ pursuant to which the United States sought forfeiture of certain
property under 18 U.S.C. §§ 1349 and 1956, 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 Counts One and Eighteen of the Criminal Indictment and the
Defendant having consented to this Supplemental Consent Preliminary Order of
Forfeiture becoming final as to him/ being made a part of his sentence and being
included in the judgment against him1;
IT IS HEREBY ORDERED that/ in addition to the property identified in the
Consent Preliminary Order of Forfeiture (DE 265), Darrell Thomas shall forfeit to
the United States the following property pursuant to 18 U.S.C. §§ 1349 and 1956:
1 The United States is supplementing the Preliminary Order of Forfeiture to
include $151/395.22 in funds seized from MetaBank account number
XXXXXXXXX6687 held in the name Rapid Pay Card for Bellator Phront Group/
LLC.
Case 1:20-cr-00296-JPB-CMS     Document 468     Filed 05/09/22     Page 1 of 4

a. $151/395.22 in funds seized from MetaBank account number
XXXXXXXXX6687 held in the name Rapid Pay Card for Bellator Phront Group/
LLC.
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 shaU 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)(iu) and (iv) of the Federal Rules of Civil
Procedure. The United States shall send written notice/ in accordance with
Supplemental Rule G(4)(b)(m)-(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. § 1956, 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 theu- 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
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
Case 1:20-cr-00296-JPB-CMS     Document 468     Filed 05/09/22     Page 2 of 4

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).
SO ORDERED this "7 day of y^^\. _, 2022.
~^
J. P. BOULEE
UI\TITED STATES DISTRICT JUDGE
Case 1:20-cr-00296-JPB-CMS     Document 468     Filed 05/09/22     Page 3 of 4

Submitted by:
Tal C. Chaiken
Consent&d to:
Benjamin Black Alper
Attorney for Defendant
Georgia Bar No. 940406
Law Offices of Weintraub & Alper/ PC
1355 Peachtree Street N.E.
Ste. 1250
Atlanta/ GA 30309
(404) 892-2000
alper@howardjweintraubpc.com
Case 1:20-cr-00296-JPB-CMS     Document 468     Filed 05/09/22     Page 4 of 4

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