Court filing
NOTICE OF FILING Declaration of Publication as to Darrell Thomas filed by USA — USA v. Thomas et al (Dkt. 501)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2022-06-21 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 501 · 2022-06-21 · Docket on CourtListener
Summary
A declaration of publication filed June 21, 2022 by the United States in United States of America v. Darrell Thomas, No. 1:20-CR-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia, Atlanta Division, docketed as Doc. 501. Signed by Assistant U.S. Attorney Radka T. Nations, it states that notice of forfeiture was posted on www.forfeiture.gov for at least 30 consecutive days, from May 13, 2022 to June 11, 2022, under 21 U.S.C. § 853(n)(1). Attachment 1 is the notice, which states that on May 09, 2022 the court entered an order forfeiting $151,395.22 in funds seized from a MetaBank account held in the name Rapid Pay Card for Bellator Phront Group, LLC. The notice sets out the 60-day deadline for ancillary petitions and the process for remission or mitigation. The filing ends with a daily website uptime report.
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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-00296-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 May 13, 2022
and ending on June 11, 2022. (See, Attachment 1).
I declare under penalty of perjury that the foregoing is true and correct. Executed on
June 21, 2022 at Atlanta, GA.
Radka T. Nations
Assistant U.S. Attorney
Case 1:20-cr-00296-JPB-CMS Document 501 Filed 06/21/22 Page 1 of 4
Attachment 1
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION
COURT CASE NUMBER: 1:20-CR-00296-JPB-CMS; NOTICE OF FORFEITURE
Notice is hereby given that on May 09, 2022, in the case of U.S. v. DARRELL
THOMAS, Court Case Number 1:20-CR-00296-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:
$151,395.22 in funds seized from MetaBank account number
XXXXXXXXX6687 held in the name Rapid Pay Card for Bellator Phront Group,
LLC. (21-FBI-009072)
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 (May 13, 2022) 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 T. 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
Case 1:20-cr-00296-JPB-CMS Document 501 Filed 06/21/22 Page 2 of 4
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 T. 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 501 Filed 06/21/22 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 May 13, 2022 and June 11, 2022. 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-00296-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
05/13/2022
2
23.8
Verified
05/14/2022
3
23.8
Verified
05/15/2022
4
23.9
Verified
05/16/2022
5
23.9
Verified
05/17/2022
6
23.9
Verified
05/18/2022
7
23.9
Verified
05/19/2022
8
23.9
Verified
05/20/2022
9
23.9
Verified
05/21/2022
10
23.9
Verified
05/22/2022
11
23.9
Verified
05/23/2022
12
23.9
Verified
05/24/2022
13
23.9
Verified
05/25/2022
14
23.9
Verified
05/26/2022
15
23.9
Verified
05/27/2022
16
23.9
Verified
05/28/2022
17
24.0
Verified
05/29/2022
18
23.9
Verified
05/30/2022
19
23.9
Verified
05/31/2022
20
23.9
Verified
06/01/2022
21
23.9
Verified
06/02/2022
22
23.9
Verified
06/03/2022
23
23.9
Verified
06/04/2022
24
23.9
Verified
06/05/2022
25
23.9
Verified
06/06/2022
26
23.9
Verified
06/07/2022
27
23.9
Verified
06/08/2022
28
23.9
Verified
06/09/2022
29
23.9
Verified
06/10/2022
30
23.8
Verified
06/11/2022
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 501 Filed 06/21/22 Page 4 of 4File and source
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