Court filing
SERVICE BY PUBLICATION as to Rafael Martinez.… — USA v. Martinez (Dkt. 105)
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2024-08-13 |
U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 105 · 2024-08-13 · Docket on CourtListener
Summary
Doc. 105 in United States v. Rafael Martinez, No. 1:22-cr-00251-LJL, in the U.S. District Court for the Southern District of New York, is a declaration of publication dated August 13, 2024 by an Assistant United States Attorney. It attaches a notice of criminal forfeiture and an Advertisement Certification Report showing the notice was posted on www.forfeiture.gov between March 15, 2024 and April 13, 2024. The notice states that on March 24, 2023 the court entered an order forfeiting a 2017 Bentley Model Continental GT to the United States. It explains that third parties claiming an interest must file an ancillary petition within 60 days of first publication under 21 U.S.C. § 853(n)(1), and describes petitions for remission or mitigation under 28 C.F.R. Sections 9.1 - 9.9. The report lists daily website availability for 30 consecutive days.
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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 March 15, 2024, through April 13, 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 105 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 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 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: A 2017 Bentley Model Continental GT, with VIN No. SCBFT7ZA9HC061995 (23-IRS-000784) 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 (March 15, 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 Tara LaMorte, 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 website provides access to a standard petition for remission form that may be mailed and Case 1:22-cr-00251-LJL Document 105 Filed 08/13/24 Page 2 of 4 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 Tara LaMorte, 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 105 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 March 15, 2024 and April 13, 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 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 03/15/2024 2 23.9 Verified 03/16/2024 3 23.9 Verified 03/17/2024 4 23.9 Verified 03/18/2024 5 23.9 Verified 03/19/2024 6 23.9 Verified 03/20/2024 7 23.9 Verified 03/21/2024 8 23.9 Verified 03/22/2024 9 23.9 Verified 03/23/2024 10 24.0 Verified 03/24/2024 11 23.9 Verified 03/25/2024 12 23.9 Verified 03/26/2024 13 23.9 Verified 03/27/2024 14 23.9 Verified 03/28/2024 15 23.9 Verified 03/29/2024 16 23.8 Verified 03/30/2024 17 23.9 Verified 03/31/2024 18 24.0 Verified 04/01/2024 19 23.9 Verified 04/02/2024 20 24.0 Verified 04/03/2024 21 23.9 Verified 04/04/2024 22 23.9 Verified 04/05/2024 23 23.9 Verified 04/06/2024 24 23.9 Verified 04/07/2024 25 23.9 Verified 04/08/2024 26 23.9 Verified 04/09/2024 27 23.9 Verified 04/10/2024 28 23.9 Verified 04/11/2024 29 23.9 Verified 04/12/2024 30 23.9 Verified 04/13/2024 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 105 Filed 08/13/24 Page 4 of 4
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- gov.uscourts.nysd.579149.105.0.pdf
- Size
- 117,114 bytes
- SHA-256
- 3f845768c2f2c73b4bfe330250e74c414bcedd785ff5727ee08c5c364c9a9b80
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