Indictment — U.S. v. Maurice Fayne (Dkt. 187, N.D. Ga. No. 1:20-cr-00228, GAND 278523)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 187 · 2021-05-11 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
Criminal Action No.
V.
1:20-CR-00228-MHC-JKL
MAURICE FAYNE, A/K/A ARKANSAS MO
CONSENT PRELIMINARY ORDER OF FORFEITURE
Maurice Fayne, a/k/a Arkansas Mo having pleaded guilty to Counts One
through Six of the Indictment, pursuant to which the United States sought
forfeiture of certain property under 18 U.S.C. § 982(a)(2), 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 offenses charged in Counts One through Six of the Indictment
and the Defendant having consented to this Consent Preliminary Order of
Forfeiture becoming final as to him, being made a part of his sentence and being
included in the judgment against him;
IT IS HEREBY ORDERED that Maurice Fayne, a/k/a Arkansas Mo shall
forfeit to the United States the following property pursuant to 18 U.S.C. § 982(a)(2):
a. $60,000.00 in funds seized from Sterling National Bank account number
XXXXX5233 held in the name of Lucky Star Licensing.
b. $29,477.91 in funds seized from United Community Bank account number
XXXXXX2864 held in the name of K.L.
 FILED IN OPEN COURT
U.S.D.C ATLANTA  
Date: __________________________ 
JAMES N. HATTEN, Clerk
By: ____________________________
 Deputy Clerk 
MAY 11 2021
s/Lynn Wood Beck
Case 1:20-cr-00228-MHC-JKL     Document 187     Filed 05/11/21     Page 1 of 4

c. $9,362.47 in funds seized from United Community Bank account number
XXXXXX2299 held in the name of P.C.
d. 2015 Kenworth T-680 truck, VIN 1XKYDP9X3FJ384332.
e. 2015 Kenworth T-680 truck, VIN 1XKYDP9XOFJ384367.
f. 2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384364.
g. 2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384350.
h. 2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384347.
i. 2015 Kenworth T-680 truck, VIN 1XKYDP9X1FJ384362.
j. 2015 Kenworth T-680 truck, VIN 1XKYDP9XXFJ384358.
k. 2015 Kenworth T-680 truck, VIN 1XKYDP9XBFJ384343.
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 shall 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)(iii) and (iv) of the Federal Rules of Civil
Procedure. The United States shall send written notice, in accordance with
Supplemental Rule G(4)(b)(iii)-(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. § 982(b)(l),
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 their
2
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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
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).
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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 //"' day <
day of
John Russell Phillips
Assistant United States Attorney
,2021.
MARKH.COHEN
UNITED STATES DISTRICT JUDGE
Consented to:
Smith Durrett
Attorney for Defendant
Georgia Bar No. 837897
Saraliene Smith Durrett, LLC
1800 Peachtree St. NE, Ste. 300
Atlanta, GA 30309
(404) 433-0855
ssd@defendingatl.com
Case 1:20-cr-00228-MHC-JKL     Document 187     Filed 05/11/21     Page 4 of 4

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