Consent Preliminary Order of Forfeiture — Bern Benoit

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   Case 1:20-cr-00296-JPB-CMS     Document 101     Filed 03/12/21   Page 1 of 3




                    IN THE UNITED STATES DISTRICT COURT
                   FOR THE NORTHERN DISTRICT OF GEORGIA
                             ATLANTA DIVISION


   UNITED STATES OF AMERICA
                                               Criminal Action No.
          v.
                                               1:20-cr-00296-JPB-AJB
   BERN BENOIT A/K/A BURN BENOIT


               CONSENT PRELIMINARY ORDER OF FORFEITURE
   Bern Benoit a/k/a Burn Benoit having pleaded guilty to Count Seven of the
Criminal Indictment, pursuant to which the United States sought forfeiture of
certain property under 18 U.S.C. § 982(a)(2), 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 Indictment document 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 Bern Benoit a/k/a Burn Benoit shall forfeit
to the United States the following property pursuant to 18 U.S.C. § 982(a)(2):
   a. $431,408.28 in funds seized from JPMorgan Chase Bank account number

       XXXXXX6415 held in the name of Transportation Management Services,
       Inc.; and
   b. $30,025.08 in funds seized from JPMorgan Chase Bank account number
       XXXXXX9428 held in the name of Bern Benoit.
   Case 1:20-cr-00296-JPB-CMS       Document 101     Filed 03/12/21   Page 2 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 28 U.S.C. § 2461(c), 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)(1)(A)
and before a hearing on the petition, discovery may be conducted in accordance
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   Case 1:20-cr-00296-JPB-CMS       Document 101     Filed 03/12/21   Page 3 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 12th day of March, 2021.




Submitted by:                                 Consented to:
_________________________                     ___________________________
Tal C. Chaiken                                Anthony O. Egbase
Assistant United States Attorney              Attorney for Defendant
                                              California Bar No. 181721
                                              A.O.E. Law & Associates, Inc.
                                              350 S. Figueroa St., Ste. 189
                                              Los Angeles, CA 90071
                                              (213) 620-7070
                                              info@aoelaw.com



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