SERVICE BY PUBLICATION as to Rafael Martinez.… — USA v. Martinez (Dkt. 104)

Record facts

U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 104 · 2024-08-13 · Docket on CourtListener

Summary

A declaration of publication filed August 13, 2024 as Document 104 in United States v. Rafael Martinez, No. 1:22-cr-00251-LJL (S2 22 Cr. 251 (LJL)), in the U.S. District Court for the Southern District of New York, signed by Assistant United States Attorney Katherine Reilly. It attaches a notice of criminal forfeiture and an Advertisement Certification Report showing the notice was posted on www.forfeiture.gov for at least 30 consecutive days between February 21, 2024 and March 21, 2024. The notice states that on March 24, 2023 the Court entered an order forfeiting $48,500.00 representing the sale proceeds of a 1962 Mercedes Benz Model 190. It explains how third parties may file an ancillary petition within 60 days under 21 U.S.C. § 853(n)(1) or seek remission or mitigation. The report logs daily website availability for each day of the publication period.

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Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  x
UNITED STATES OF AMERICA 
- v. -
RAFAEL MARTINEZ 
Defendant. 
: 
: 
: 
: 
: 
DECLARATION OF PUBLICATION 
S2 22 Cr. 251 (LJL) 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  x
I, Katherine Reilly, pursuant to Title 28, United States Code, Section 1746, hereby 
declare under penalty of perjury that: 
1.
I am an Assistant United States Attorneys in the office of the United States
Attorney for the Southern District of New York, and 
2.
Attached to this declaration are (A) a true and correct copy of a notice of
criminal forfeiture in this action, and (B) a true and correct copy of an Advertisement Certification 
Report, indicating that the aforementioned notice was posted on an official government internet site 
(www.forfeiture.gov) for at least 30 consecutive days, beginning on February 21, 2024, through 
March 21, 2024, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or 
Maritime Claims and Asset Forfeiture Actions, and 
Both documents were obtained from a Consolidated Asset Tracking System 
maintained by the Department of Justice. 
Dated: New York, New York   
August 13, 2024 
_________/s/__________________ 
Katherine Reilly  
Assistant United States Attorney 
Tel: (212) 637-6521  
Case 1:22-cr-00251-LJL     Document 104     Filed 08/13/24     Page 1 of 4

Attachment 1
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
COURT CASE NUMBER: S2 22 CR. 251 (LJL); NOTICE OF FORFEITURE
Notice is hereby given that on March 24, 2023, in the case of U.S. v. Rafael 
Martinez, Court Case Number S2 22 CR. 251 (LJL), the United States District Court for 
the Southern District of New York entered an Order condemning and forfeiting the 
following property to the United States of America:
$48,500.00 representing the sale proceeds of one Black 1962 Mercedes Benz 
Model 190, with VIN No. 1210421000394, and New Jersey License Plate No. 
S69NAZ (23-IRS-000785)
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 (February 21, 2024) 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, United States District Court, 500 Pearl Street, 
Room 120, New York, NY  10007, and a copy served upon Assistant United States 
Attorney Katherine Reilly, One St. Andrew's Plaza, New York, NY  10007.  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 1:22-cr-00251-LJL     Document 104     Filed 08/13/24     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 Katherine Reilly, One St. Andrew's Plaza, New York, NY  10007.  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 1:22-cr-00251-LJL     Document 104     Filed 08/13/24     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 February 21, 2024 and March 21, 2024.  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: 
S2 22 CR. 251 (LJL)
For Asset ID(s):      
U.S. v. Rafael Martinez
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
02/21/2024
 2
 23.9
Verified
02/22/2024
 3
 24.0
Verified
02/23/2024
 4
 23.9
Verified
02/24/2024
 5
 23.9
Verified
02/25/2024
 6
 23.9
Verified
02/26/2024
 7
 24.0
Verified
02/27/2024
 8
 23.9
Verified
02/28/2024
 9
 23.8
Verified
02/29/2024
 10
 23.9
Verified
03/01/2024
 11
 23.9
Verified
03/02/2024
 12
 23.9
Verified
03/03/2024
 13
 24.0
Verified
03/04/2024
 14
 24.0
Verified
03/05/2024
 15
 23.9
Verified
03/06/2024
 16
 23.9
Verified
03/07/2024
 17
 24.0
Verified
03/08/2024
 18
 23.9
Verified
03/09/2024
 19
 23.9
Verified
03/10/2024
 20
 23.9
Verified
03/11/2024
 21
 23.8
Verified
03/12/2024
 22
 23.9
Verified
03/13/2024
 23
 23.9
Verified
03/14/2024
 24
 23.9
Verified
03/15/2024
 25
 23.9
Verified
03/16/2024
 26
 23.9
Verified
03/17/2024
 27
 23.9
Verified
03/18/2024
 28
 23.9
Verified
03/19/2024
 29
 23.9
Verified
03/20/2024
 30
 23.9
Verified
03/21/2024
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 1:22-cr-00251-LJL     Document 104     Filed 08/13/24     Page 4 of 4

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