Notice of Forfeiture — U.S. v. Clark

Record facts

U.S. District Court, Eastern District of Tennessee · No. 1:21-cr-00069-CEA-CHS · Doc. 25 · 2022-01-26 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT CHATTANOOGA 
 
UNITED STATES OF AMERICA, 
) 
 
 
) 
 
Plaintiff,  
) 
 
 
) 
No. 1:21-CR-69 
 
v. 
) 
 
 
 
) 
JUDGES ATCHLEY/STEGER 
DONNA J. CLARK, 
) 
 
 
) 
 
 
Defendant.  
) 
 
NOTICE OF FORFEITURE 
 
 
Notice is hereby given that the Honorable Charles E. Atchley, Jr. United States District 
Judge for the Eastern District of Tennessee, entered an Agreed Preliminary Order of Forfeiture 
(Doc. 24) against Defendant, Donna J. Clark, on January 25, 2022, condemning and forfeiting her 
interest in the following properties to the United States: 
a. $460.00 U.S. currency seized from the residence of Donna J. Clark on July 19, 2021; 
 
b. $20,000.00 official check (#1003749082) from BB&T payable to Donna Clark dated 
July 17, 2021; 
 
c. Funds up to the amount of $53,038.13 in BB&T Bank account number 1430001294316 
held in the name of Donna J. Clark; and  
 
d. Funds up to the amount of $15,000.00 in First Volunteer Bank account number 
2000294039 held in the name of Donna J. Clark. 
 
(hereinafter, the “properties”) 
 
You are hereby notified that the United States intends to dispose of the properties in such 
manner as the United States Attorney General may direct. 
Pursuant to 21 U.S.C. § 853(n), as incorporated by 18 U.S.C. § 982(b)(1), if you have a 
legal interest in the properties, within THIRTY (30) DAYS of the final publication of this notice 
or receipt of written notice, whichever is earlier, you must petition the United States District Court 
for the Eastern District of Tennessee for a hearing to adjudicate the validity of your alleged legal 
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interest in the properties.  If a hearing is requested, it shall be held before the Court alone, without 
a jury. 
The petition must be signed by the petitioner under penalty of perjury, as established in 
28 U.S.C. § 1746, and shall set forth the nature and extent of your right, title, or interest in the 
properties, the time and circumstances of your acquisition of the right, title, or interest in the 
properties, and any additional facts supporting your claim and the relief sought. 
 
Pursuant to 21 U.S.C. § 853(n)(2), as incorporated by 18 U.S.C. § 982(b)(1), neither a 
defendant in the above-styled case nor their agent is entitled to file a petition. 
Any hearing on your petition shall, to the extent practicable and consistent with the interests 
of justice, be held within thirty (30) days of the filing of your petition.  The Court may consolidate 
your hearing on the petition with any other hearings requested by any other person other than 
Defendant named above. 
You have the right at the hearing to testify and present evidence and witnesses on your own 
behalf, and to cross-examine witnesses who appear at the hearing. 
If you fail to file a petition to assert your right, title, or interest in the above-described 
properties, within thirty (30) days of this notice, your right, title, and interest in the properties shall 
be lost and forfeited to the United States.  The United States then shall have clear title to the 
properties herein described and may warrant good title to any subsequent purchaser or transferee. 
The petition shall be filed with the United States District Court for the Eastern District of 
Tennessee at 900 Georgia Avenue, Chattanooga, Tennessee, 37402.  A copy of this petition also 
shall be served upon the United States to the attention of Gretchen Mohr, Assistant United States 
Attorney, 800 Market Street, Suite 211, Knoxville, Tennessee 37902.  
 
 
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Please check www.forfeiture.gov for a listing of all judicial forfeiture notices.  
Respectfully submitted, 
 
FRANCIS M. HAMILTON III 
UNITED STATES ATTORNEY  
 
 
By: 
s/Steven S. Neff 
 
 
 
 
Steven S. Neff, BPR # GA 537187 
Assistant United States Attorney 
1110 Market Street, Ste. 515 
Chattanooga, Tennessee 37402 
(423) 752-5140 
Steven.Neff@usdoj.gov 
 
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