Order of Forfeiture — Curtis Porch, Juliana Porch — No. 4:21-CR-23 (CDL), Middle District of Georgia (Document 103)

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A final order of forfeiture in United States of America v. Curtis Porch, with Juliana Porch as petitioner, Case No. 4:21-CR-23 (CDL), in the U.S. District Court for the Middle District of Georgia, Columbus Division, dated April 3, 2023. It recites that on May 23, 2022, the Court entered a Preliminary Order of Forfeiture under 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c) and Federal Rule of Criminal Procedure 32.2(b) against Curtis Porch covering a 2012 Porsche Panamera, a 2016 Dodge Charger and a 2015 Land Rover Range Rover, plus a 2016 Chevrolet Camaro as a substitute asset. The order rules on the government's motion for a final order and sets out findings of fact and conclusions of law. It is signed by Judge Clay D. Land.

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Case 4:21-cr-00023-CDL-MSH Document 103 Filed 04/03/23 Page 1 of 5




                         IN THE UNITED STATES DISTRICT COURT
                         FOR THE MIDDLE DISTRICT OF GEORGIA
                                 COLUMBUS DIVISION

                                                :
UNITED STATES OF AMERICA                        :
                                                :
      v.                                        : CASE NO.: 4:21-CR-23 (CDL)
                                                :
CURTIS PORCH,                                   :
        Defendant,                              :
                                                :
JULIANA PORCH,                                  :
       Petitioner.                              :

                               FINAL ORDER OF FORFEITURE

           On May 23, 2022, pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), 18 U.S.C.

  § 3554, and Federal Rule of Criminal Procedure 32.2(b), this Court entered a Preliminary

  Order of Forfeiture against Defendant Curtis Porch. The property subject to forfeiture

  included, but was not limited to the following vehicles/substitute asset, to wit:

           VEHICLES

           A.     One (1) 2012 Porsche, Model: Panamera 2, VIN: WP0AA2A77CL014697;

           B.     One (1) 2016 Dodge, Model: Charger R/T, VIN: 2C3CDXCT9GH203169;

                  and

           C.     One (1) 2015 Land Rover, Model: Range Rover,

                  VIN: SALWR2VF6FA508123.

           SUBSTITUTE ASSET

           A.     One (1) 2016 Chevrolet, Model: Camaro, VIN: 1G1FF1R7XG0176507.

     Case 4:21-cr-00023-CDL-MSH Document 103 Filed 04/03/23 Page 2 of 5




       Pending now before the Court is the United States=Motion and Memorandum for

Final Order of Forfeiture.

       The   Court    hereby    makes     the   following   FINDINGS       OF    FACT     AND

CONCLUSIONS OF LAW:

       1.     This Court has jurisdiction of this matter pursuant to 18 U.S.C. ' 3231, and

venue is proper pursuant to 18 U.S.C. '3232 and FED. R. CRIM. P. 18.

       2.     The United States has furnished due and legal notice of these proceedings

as required by law by sending direct notice to any person, other than the Defendant, that

may have or claim a legal interest in the subject property, and by causing publication of

notice of forfeiture and the intent of the United States to dispose of the property in

accordance with the law.

       3.     The notice of forfeiture provided that any persons or entities having or

claiming a legal right, title or interest in the property, within thirty (30) days of receipt of

the notice, or no later than sixty (60) days from the first day of publication on the official

internet government forfeiture website, www.forfeiture.gov, whichever is earlier, must

petition the United States District Court for the Middle District of Georgia for a hearing

to adjudicate the validity of his or her alleged interest in the property pursuant to 21

U.S.C. § 853(n), as incorporated by 28 U.S.C. § 2461(c), through 18 U.S.C. § 981(a)(1)(C).




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     Case 4:21-cr-00023-CDL-MSH Document 103 Filed 04/03/23 Page 3 of 5




      4.     On June 22, 2022, Claimant Ally Bank filed a Verified Claim of Interest in

Response to Notice of Preliminary Order of Forfeiture and Petition for Hearing, asserting

an interest in the Range Rover.

      5.     On June 27, 2022, Claimant PNC Bank, N.A. filed a Verified Claim of

Interest in Response to Notice of Preliminary Order of Forfeiture and Petition for

Hearing, asserting an interest in the Chevrolet Camaro.

      6.     A determination was later made by the investigative agency that the Range

Rover claimed by Ally Bank and the Chevrolet Camaro claimed by PNC Bank, N.A. both

had substantial liens, and did not meet the net equity threshold for forfeiture. On August

23, 2022, the Government filed a Motion to Strike and Dismiss the Rover Range Rover

and Chevrolet Camaro from the order of forfeiture, and the Court entered an Order

granting the motion on August 26, 2022.

      4.     On September 23, 2022, Third-Party Petitioner Juliana Porch (“Petitioner”

or “Ms. Porch”) filed a Seized Asset Claim Form and associated Exhibit, asserting an

interest in the 2016 Dodge Charger. The documents were entered on the docket by the

Clerk on September 26, 2022.

      5.     On February 23, 2023, the United States filed a Motion and Memorandum

to Dismiss Third-Party Petition of Juliana Porch. Ms. Porch did not file a response, and

the Court entered an Order dismissing the Petitioner’s petition on March 27, 2023.




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     Case 4:21-cr-00023-CDL-MSH Document 103 Filed 04/03/23 Page 4 of 5




       6.     No other persons or entities filed third-party petitions asserting claims or

interests in the above-described vehicles that are subject to forfeiture, and the time for

filing such petitions has now expired.

       THEREFORE, IT IS HEREBY ORDERED THAT:

       1.     The Court’s May 23, 2022, Preliminary Order of Forfeiture is final as to any

ancillary petitions, and all right, title, and interest in the following described vehicles are

hereby forfeited to and vested in the United States, to be disposed of in accordance with

the law, pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), 18 U.S.C. § 3554, and

Rule 32.2(c), Federal Rules of Criminal Procedure:

       VEHICLES

       A.     One (1) 2012 Porsche, Model: Panamera 2, VIN: WP0AA2A77CL014697;

              and

       B.     One (1) 2016 Dodge, Model: Charger R/T, VIN: 2C3CDXCT9GH203169.

       2.     The Court shall retain jurisdiction in the case for the purpose of enforcing

this Order, and to amend it as necessary, pursuant to FED. R. CRIM. P 32.2(e), if the

Government locates specific assets traceable to the theft proceeds obtained by Defendant

Porch or additional assets subject to forfeiture as substitute assets pursuant to 21 U.S.C.

§ 853(p), as incorporated by 28 U.S.C. § 2641(c), through 18 U.S.C. § 981(a)(1)(C).




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Case 4:21-cr-00023-CDL-MSH Document 103 Filed 04/03/23 Page 5 of 5




 SO ORDERED, this 3rd day of April, 2023.



                                       S/Clay D. Land
                                       CLAY D. LAND, JUDGE
                                       UNITED STATES DISTRICT COURT
                                       MIDDLE DISTRICT OF GEORGIA




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