Consent Preliminary Order of Forfeiture — United States v. Andre Lee Gaines

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:21-cr-00206-JPB · Doc. 8 · 2021-08-04 · Docket on CourtListener

Summary

A consent preliminary order of forfeiture filed August 4, 2021 as Document 8 in United States of America v. Andre Lee Gaines, Criminal Action No. 1:21-cr-00206-JPB, in the U.S. District Court for the Northern District of Georgia. The order recites that the defendant pled guilty to the criminal information, that the United States sought forfeiture under 18 U.S.C. § 982(a)(3), and that the defendant consented to the order becoming final as to him and part of his sentence. It orders forfeiture of $177,828.46 seized from a JPMorgan Chase account and $9,314.28 seized from a PNC Bank account, both held in the name of Gaines Reservation and Travel. It authorizes seizure and publication of notice and allows any person other than the defendant to petition for a hearing within thirty days under 21 U.S.C. § 853(n)(2). The order is final as to the defendant but preliminary as to third parties.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
V. 
ANDRE LEE GAINES 
Criminal Action No. 
1 :21-cr-00206-JPB 
CONSENT PRELIMINARY ORDER OF FORFEITURE 
Andre Lee Gaines having pled guilty to the Criminal Information, pursuant to 
which the United States sought forfeiture of certain property under 18 U.S.C. § 
982(a)(3), 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 offense charged in the Criminal 
Information 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 Andre Lee Gaines shall forfeit to the United 
States the following property pursuant to 18 U.S.C. § 982(a)(3): 
a. $177,828.46 in funds seized from JPMorgan Chase account number 
XXXXX6500, held in the name of Gaines Reservation and Travel; and 
b. $9,314.28 in funds seized from PNC Bank account number XXXXXX5124 
held in the name of Gaines Reservation and Travel. 
Case 1:21-cr-00206-JPB     Document 8     Filed 08/04/21     Page 1 of 3

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 
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 
2 
Case 1:21-cr-00206-JPB     Document 8     Filed 08/04/21     Page 2 of 3

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). 
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 of ______ 
___, 2021. 
Submitted by: 
TalChaiken 
Assistant United States Attorney 
J.P. BOULEE 
UNITED STATES DISTRICT JUDGE 
3 
Co[ffe-------
~an Mendelsohn 
Attorney for Defendant 
Georgia Bar No. 502031 
Federal Defender Program 
Ste. 1500, Centennial Tower 
101 Marietta St. NW 
Atlanta, GA 30303 
( 404) 688-7530 
brian_mendelsohn@fd.org 
4th
August
Case 1:21-cr-00206-JPB     Document 8     Filed 08/04/21     Page 3 of 3

File and source

File

gov.uscourts.gand.291524.8.0.pdf

Size

168,153 bytes

SHA-256

2360ae04cb76f76f0e3811d96b44caa00741a701bd75e92ae222471946fdbbc1

Our copy

gov.uscourts.gand.291524.8.0.pdf

Original

PACER (login required)