Court filing

United States' Motion for Final Order of Forfeiture for Direct Asset — United States v. Anthony James Bruey and Amber Rewis Bruey

No. 2:21-cr-00074 · Doc. 122 · Docket on CourtListener

Full text

Case 2:21-cr-00074-TPB-K_D Document 122 Filed 08/05/22 Page 1 of 6 PageID 697

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

UNITED STATES OF AMERICA

v. Case No. 2:21-cr-74-TPB-KCD

ANTHONY JAMES BRUEY
AMBER REWIS BRUEY

UNITED STATES’ MOTION FOR FINAL
ORDER OF FORFEITURE FOR DIRECT ASSET

The United States of America moves this Court for entry of a Final Order of

Forfeiture for the following asset:

Real property located at 114 Kemp Lane, Hertford, North Carolina
27944, including all improvements thereon and appurtenances thereto,
the legal description for which is as follows:

BEGINNING AT A POINT on the southern side of the
Perquimans River, said point being at the northeastern comer of
the Skinner property, thence in a southwestern direction along a
fence, being the Skinner line, 295 feet to a chopped oak, thence in
a southeasterly direction, a line parallel with said Perquimans
River, 178 feet to a chopped oak; thence in a northerly direction,
a straight line to a chopped gum, said gum being at the break of a
swamp; and thence continuing on in a straight line from said oak
and gum, to the Perquimans River; thence along the run of said
river in a northwesterly direction back to the POINT OF
BEGINNING. For reference and chain of title see Deed Book
109 Page 330 of the Perquimans County Registry.

ALSO CONVEYED HEREBY is a right of way to said above
described property, across property of now or formerly R.E.
Mathews, the same being 30 foot wide right of way and running
from property of said Mathews, hitting the outer edge of the
swamp located on the southeastern side of said above described
property.
Case 2:21-cr-00074-TPB-K_D Document 122 Filed 08/05/22 Page 2 of 6 PageID 698

Designated Map No. 2-D061-0017-HB (PIN No. 7868-24-9352)
in the Perquimans County Tax Office.

(the real property).

In support thereof, the United States submits the following memorandum of

law.

MEMORANDUM OF LAW

I. Statement of Facts

1. April 27, 2022, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), 28

U.S.C. § 2461(c), the Court entered orders of forfeiture against the defendants in the

amount of $881,058.35 and preliminary orders of forfeiture for the real property

identified above. Docs. 82 and 93.

2. In accordance with the provisions of 21 U.S.C. § 853(n), the United

States published notice of the forfeiture, and of the intent to dispose of the real

property on the official government website, www.forfeiture.gov, beginning on April

28, 2022, and on June 2, 2022, and continuing through July 1, 2022. Docs. 94 and

107. The publication gave notice to all third parties with a legal interest in the real

property to file with the Office of the ClerkCUnited States District Court, Middle

District of Florida, 2110 First Street, Suite 2-194, Ft. Myers, Florida 33901Ca

petition to adjudicate their interests within 60 days of the first date of publication.

3. In accordance with 21 U.S.C. § 853(n), the United States also properly

noticed the only party known to have a potential interest in the real property,

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the Perquimans County Tax Administrator (Tax Administrator). The notice

package includes a Notice of Forfeiture, an Acknowledgment of Receipt of Notice of

Forfeiture, the Order of Forfeiture and Preliminary Order of Forfeiture, and a self-

addressed, stamped envelope. The notice package sent via Federal Express (number

776730798703) was delivered on May 4, 2022. See Exhibit 1. The notice package

sent first-class mail was not returned and there is no indication that it was not

delivered. Although the Tax Administrator did not file a Verified Claim for its

interest in the real property, the United States recognizes the interest of the Tax

Administrator and agrees that, from the proceeds of the sale of the real property (to

the extent that there are sufficient proceeds after the payment of government

expenses relating to seizure, maintenance, custody, and disposal of the property), the

United States will pay any and all ad valorem real property taxes and non-ad valorem

assessments due and owing the Tax Administrator up to the date of entry of the final

order of forfeiture as a priority lien.

4. To date, no other third party has filed a Petition to Adjudicate Interest

in the real property, and the time for filing such Petitions has expired.

5. Consequently, the United States now seeks a final order of forfeiture for

the real property.

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Case 2:21-cr-00074-TPB-K_D Document 122 Filed 08/05/22 Page 4 of 6 PageID 700

II. Applicable Law

When all third-party petitions have been adjudicated, or if no petitions are

filed, it is appropriate to enter a final order of forfeiture in accordance with Rule

32.2(c)(2) of the Federal Rules of Criminal Procedure. In addition, 21 U.S.C. §

853(n)(7) provides that following the disposition of all petitions, or if no petitions are

timely filed in accordance with 21 U.S.C. § 853(n)(2), “the United States shall have

clear title to property that is the subject of the order of forfeiture and may warrant

good title to any subsequent purchaser or transferee.” 21 U.S.C. § 853(n)(7).

As required by section 853(n), the United States published notice of the

forfeitures, and of its intent to dispose of the real property on the official government

website, www.forfeiture.gov. Docs. 94 and 107. Pursuant to Rule 32.2(b)(6)(C),

publication must take place as described in Supplemental Rule G(4)(a)(iii) of the

Federal Rules of Civil Procedure and by any means described in Rule G(4)(a)(iv),

which authorizes publication by internet.

The internet publication notified all who might have an interest in the real

property of the United States’ intent to dispose of such property and provided

instructions on filing a petition to adjudicate an interest in the property. In

accordance with the above-referenced provisions, a person or entity had 60 days

from the first date of publication to file a petition with the District Court. Here, the

first date of internet publication on www.forfeiture.gov was April 28, 2022, for

Anthony Bruey, and June 2, 2022, for Amber Bruey. Thus, the latest date for filing

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a petition to adjudicate an interest in the real property based on the later publication

for Amber Bruey was on August 1, 2022, and the time for filing such petitions has

expired. As discussed above, the Tax Administrator (whose interest has been

addressed), is the only party know to have any interest in the real property.

III. Conclusion

Publication having been effected, and all claims or petitions to adjudicate an

interest having been addressed, it is now appropriate to enter a final order of

forfeiture for the real property. The net proceeds from the sale of the real property

will be credited towards the defendants’ orders of forfeiture.

WHEREFORE, the United States respectfully requests that, pursuant to 21

U.S.C. § 853(n)(7), Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure, this

Court enter a final order, forfeiting to the United States all right, title and interest in

the real property, for disposition according to law, and vesting clear title to said

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property in the United States of America, subject to any ad valorem real property

taxes and non-ad valorem assessments due and owing to the Tax Administrator.

Respectfully submitted,

ROGER B. HANDBERG
United States Attorney

By: s/Suzanne C. Nebesky
SUZANNE C. NEBESKY
Assistant United States Attorney
Fla. Bar No. 59377
400 N. Tampa Street, Suite 3200
Tampa, Florida 33602
Tel: (813) 274 6000
E-mail: suzanne.nebesky@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that August 5, 2022, I electronically filed the foregoing with

the Clerk of the Court by using the CM/ECF system which will send a notice of

electronic filing to counsel of record.

s/Suzanne C. Nebesky
SUZANNE C. NEBESKY
Assistant United States Attorney

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