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Home Court filings PPP Fraud Criminal AMENDED NOTICE OF FORFEITURE by USA (Cunningham, Xavier) Modified on 1/26/2022 — PPP Fr…

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AMENDED NOTICE OF FORFEITURE by USA (Cunningham, Xavier) Modified on 1/26/2022 — PPP Fraud Criminal (Dkt. 26)

One of 10 filings in PPP Fraud Criminal.

No. 3:21-cr-00013-DHB-BKE · Doc. 26 · Docket on CourtListener

Full text

       Case 3:21-cr-00013-DHB-BKE Document 26 Filed 01/26/22 Page 1 of 3
                      UNITED STATES DISTRICT COURT
                      SOUTHERN DISTRICT OF GEORGIA
                              DUBLIN DIVISION

UNITED STATES OF AMERICA                  )
                                          )
        v.                                )                CR3:21-013
                                          )
VINATH OUDOMSINE                          )

                          AMENDED NOTICE OF FORFEITURE

TO:
        Vinath Oudomsine             Vinath Oudomsine                      C. Brian Jarrard, Esq.
        403 Grove Street             1516 Turner Court, Apt. A             C. Brian Jarrard, LLC
        Cornelia, GA. 30531          Dublin, GA. 31021                     4108 Arkwright Road, Suite 2
                                                                           Macon, GA. 31210

 Harry D. Dixon, Esq.                Maria Christene Mekras Justus, Esq.
 7 East Congress Street, Suite 400   7 East Congress Street, Suite 400
 Savannah, GA. 31401                 Savannah, GA. 31401


       1.     NOTICE OF FORFEITURE: Pursuant to Rule 32.2(b)(6) of the
Federal Rules of Criminal Procedure, notice is hereby given that, on January 7, 2022,
in the above-captioned case, the Honorable Dudley H. Bowen, United States District
Judge for the Southern District of Georgia, entered the enclosed Consent Order of
Forfeiture, condemning and forfeiting to the United States of America one 1999 1st.
Edition Thick Stamp #4 Charizard Holo R Pokemon Card (hereinafter, the “Subject
Property”) according to law.

       The Consent Order of Forfeiture having been entered, the Government hereby
gives notice of its intention to dispose of the Subject Property as provided by law.

       2.     FILING OF A PETITION CONTESTING FORFEITURE: Pursuant
to 21 U.S.C. § 853(n)(2), in order to avoid forfeiture of the Subject Property, any
person, other than Vinath Oudomsine, who asserts a legal interest in the Subject
Property must petition the United States District Court for the Southern District of
Georgia for a hearing to adjudicate the validity of his/her alleged interest in the
Subject Property within thirty (30) days of the final publication of notice on
www.forfeiture.gov, an official government internet website, or his/her actual receipt
of this written notice, whichever is earlier.

       3.      CONTENTS OF A PETITION CONTESTING FORFEITURE:
Pursuant to 21 U.S.C. § 853(n)(3), a petition for a hearing must (A) be signed by the
petitioner under penalty of perjury; (B) identify the particular property or properties
in which the petitioner claims a legal right, title or interest; (C) set forth the nature
and extent of the petitioner’s right, title, or interest in the property; (D) set forth the
time and circumstances of the petitioner’s acquisition of the right, title, or interest in
the property; (E) set forth any additional facts supporting the petitioner’s claim; and
(F) set forth the relief sought.
      Case 3:21-cr-00013-DHB-BKE Document 26 Filed 01/26/22 Page 2 of 3
       4.     HEARING ON THE PETITION: To the extent practicable and
consistent with the interests of justice, a hearing on a petition will be held within
thirty (30) days of its filing. Any such hearing shall be held before the Court alone,
without a jury. The petitioner will bear the burden of proof.

       5.     FILING WITH COURT AND SERVICE ON UNITED STATES: The
verified petition must be filed with the Clerk of the United States District Court in
Case CR321-13. The Office of the Clerk’s mailing address is:

             Clerk, United States District Court
             Southern District of Georgia
             P.O. Box 1130
             Augusta, GA 30903

The Office of the Clerk’s physical address is:

             United States Courthouse
             600 James Brown Boulevard
             Augusta, GA 30901

Additionally, all petitioners must mail a copy of their petitions to counsel for the
United States at the following mailing address:

             Xavier A. Cunningham
             Assistant United States Attorney
             P.O. Box 8970
             Savannah, GA 31412-8970

If you fail to follow the requirements set forth above, any right, title and/or
interest you may have in the Subject Property shall be lost and forfeited to
the United States. You may wish to seek legal advice to protect your
interests.


This 26th day of January 2022.

                                        DAVID H. ESTES
                                        UNITED STATES ATTORNEY

                                        /s/ Xavier A. Cunningham
                                        ________________________________
                                        Xavier A. Cunningham
                                        Assistant United States Attorney
                                        New York Bar Number 5269477


P.O. Box 8970
Savannah, GA 31412
(912) 652-4422
                                          -2-
       Case 3:21-cr-00013-DHB-BKE Document 26 Filed 01/26/22 Page 3 of 3




                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF GEORGIA
                                 DUBLIN DIVISION

UNITED STATES OF AMERICA                  )
                                          )
        v.                                )                CR3:21-013
                                          )
VINATH OUDOMSINE                          )


  CERTIFICATE OF SERVICE TO AMENDED NOTICE OF FORFEITURE

        This is to certify that I have on this day served all the parties in this case in

accordance with the Notice of Electronic Filing that was generated as a result of

electronic filing in this Court.

        This is to also certify that I have on this day served the foregoing Notice of

Forfeiture via Certified Mail, Return Receipt Requested on the following person at

the following addresses:

        Vinath Oudomsine             Vinath Oudomsine                      C. Brian Jarrard, Esq.
        403 Grove Street             1516 Turner Court, Apt. A             C. Brian Jarrard, LLC
        Cornelia, GA. 30531          Dublin, GA. 31021                     4108 Arkwright Road, Suite 2
                                                                           Macon, GA. 31210

 Harry D. Dixon, Esq.                Maria Christene Mekras Justus, Esq.
 7 East Congress Street, Suite 400   7 East Congress Street, Suite 400
 Savannah, GA. 31401                 Savannah, GA. 31401



         This 26th day of January 2022.

                                                  /s/ Xavier A. Cunningham
                                                  ________________________________
                                                  Xavier A. Cunningham
                                                  Assistant United States Attorney
                                                  New York Bar Number 5269477

P.O. Box 8970
Savannah, GA 31412
(912) 652-4422


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