Motion for Final Order of Forfeiture — United States v. Andre Lee Gaines (N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:21-cr-00206-JPB · Doc. 17 · 2022-07-29 · Docket on CourtListener

Full text

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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 
 
MOTION FOR FINAL ORDER OF FORFEITURE 
COMES NOW the United States of America, pursuant to Rule 32.2(c) of the 
Federal Rules of Criminal Procedure and moves the Court for a final order of 
forfeiture.  In support thereof, the United States states the following:  
Defendant Andre Lee Gaines pled guilty to the Criminal Information.  The 
Consent Preliminary Order of Forfeiture was entered on August 4, 2021 [Doc. 8], 
forfeiting the following property to the United States 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. 
 
Pursuant to 21 U.S.C. § 853(n)(1), as incorporated by 18 U.S.C. § 982(b)(1), 
the United States posted notice of the forfeiture action on the official 
Case 1:21-cr-00206-JPB     Document 17     Filed 07/29/22     Page 1 of 4

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government internet site forfeiture.gov for at least thirty consecutive days 
beginning on March 11, 2022 and ending on April 9, 2022 [Doc. 15]. 
Unless excused, anyone claiming an interest in the funds must file a petition 
with the Court requesting a hearing to adjudicate that interest.  Such a petition 
must be filed “within thirty days of the final publication of notice or his receipt of 
notice…whichever is earlier”.  21 U.S.C. § 853(n)(2).  No one has filed a petition in 
this criminal ancillary proceeding and the time to do so has expired.  Thus, the 
following should be forfeited to the United States pursuant to Fed. R. Crim. P. 
32.2(c)(2), 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. 
 
 
 
 
 
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WHEREFORE, the United States respectfully requests that this Court enter a 
final order of forfeiture allowing the United States to dispose of the funds 
according to law. 
Respectfully submitted, 
RYAN K. BUCHANAN 
Acting United States Attorney 
/s/RADKA T. NATIONS 
Assistant United States Attorney 
Georgia Bar No. 618248 
600 U.S. Courthouse 
75 Ted Turner Drive, S.W. 
Atlanta, Georgia 30303 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Certificate of Service 
I served this document today by filing it using the Court’s CM/ECF system, 
which automatically notifies the parties and counsel of record. 
July 29, 2022 
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Radka T. Nations 
 
RADKA T. NATIONS 
 
Assistant United States Attorney 
 
Case 1:21-cr-00206-JPB     Document 17     Filed 07/29/22     Page 4 of 4

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