Notice (Forfeiture) — United States of America v. Joel Bellegarde: $54,570 in U.S. Currency (Case 1:21-cr-20056-AHS, Document 63)

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A notice on final forfeiture filed by the United States under 21 U.S.C. § 853 and Rule 32.2 in United States v. Joel Bellegarde, Case No. 21-CR-20056-SINGHAL, in the U.S. District Court for the Southern District of Florida, entered October 27, 2021 as Document 63 by Assistant U.S. Attorney Nicole Grosnoff. It recounts a Preliminary Order of Forfeiture entered June 29, 2021 (ECF No. 52) covering $54,570 in U.S. currency and two 10K gold Cuban link chains with Jesus pendants. It notes that the FBI later advised the amount seized was $54,550.00, that notice of the forfeiture was posted on www.forfeiture.gov for 30 days, and that direct notice was sent to potential claimants.

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Case 1:21-cr-20056-AHS Document 63 Entered on FLSD Docket 10/27/2021 Page 1 of 3




                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA

                                 CASE NO. 21-CR-20056-SINGHAL


      UNITED STATES OF AMERICA

      v.

      JOEL BELLEGARDE,

                    Defendant.


                                 NOTICE ON FINAL FORFEITURE

           Pursuant to 21 U.S.C. § 853 and Rule 32.2 of the Federal Rules of Criminal Procedure, the

  United States of America (the “United States”), by and through the undersigned Assistant United

  States Attorney, hereby files this Notice on Final Forfeiture:

           1.      On June 29, 2021, pursuant to 21 U.S.C. § 853(p), the Court entered a Preliminary

  Order of Forfeiture, ECF No. 52, forfeiting, subject to third-party interests, the following property

  to the United States (collectively, the “Property”):

                a. $54,570 in U.S. currency;1

                b. 10kyg stamped 26-inch Cuban link chain with square 2 1/8-inch Jesus two-tone

                   gold pendant. The chain is 26” long; and

                c. 10K Cuban link 28-inch chain with square 3.2” X 1.5” 10kyg tamped two-tone gold

                   Jesus pendant with bezel containing three cubic zirconium and one missing stone.

           2.      Notice of the criminal forfeiture was posted on an official government internet site

  (www.forfeiture.gov) for a period of 30 days. See Decl. of Publication, ECF No. 60; 21 U.S.C. §




  1
      The Federal Bureau of Investigation has since advised that the amount seized was $54,550.00.

Case 1:21-cr-20056-AHS Document 63 Entered on FLSD Docket 10/27/2021 Page 2 of 3




  853(n)(1); Fed. R. Crim. P. 32.2(b)(6).

         3.      Direct notice was sent to any person who reasonably appeared to be a potential

  claimant with standing to contest the forfeiture of the Property, or such person was on actual notice

  of the forfeiture. See Fed. R. Crim. P. 32.2(b)(6); accord 21 U.S.C. § 853(n)(1). See Exhibit A

  (Direct Notices and Delivery Confirmations). 2

         4.      The notice described the Property and advised that any person, other than the

  Defendant, asserting a legal interest in the Property may petition the Court for a hearing to

  adjudicate the validity of that person’s alleged interest, within 60 days of the first day of

  publication or within 30 days of receipt of notice, whichever is earlier.         Fed. R. Crim. P.

  32.2(b)(6); 21 U.S.C. § 853(n)(2).

         5.      The time period for filing a petition claiming an interest in the Property has expired,

  and no petition or claim has been filed.

         6.      The Preliminary Order of Forfeiture stated that upon notice from the United States

  that no claims have been filed within 60 days of the first day of publication or within 30 days of

  receipt of notice, whichever is earlier, then the Preliminary Order of Forfeiture shall become a

  Final Order of Forfeiture and any duly authorized law enforcement official shall dispose of the

  Property in accordance with applicable law.

         7.      Accordingly, the Property is now finally forfeited, and all right, title, and interest

  in such Property is vested in the United States.

                                                         Respectfully submitted,


  2
    The United States noticed a third party, J.A., who was not a party to these proceedings and has
  not filed a petition. Therefore, in order to protect her/his identify, the United States has filed a
  redacted version of the notice. An unredacted version is available upon the Court’s request. The
  notice was sent via email pursuant J.A.’s request that it be sent via email because s/he was in the
  process of moving at the time the notice was sent. Undersigned sent the email and requested a
  return receipt which was received, as documented in Exhibit A.


                                                     2

Case 1:21-cr-20056-AHS Document 63 Entered on FLSD Docket 10/27/2021 Page 3 of 3




                                           JUAN ANTONIO GONZALEZ
                                           UNITED STATES ATTORNEY

                                     By:   /s/ Nicole Grosnoff
                                           Nicole Grosnoff
                                           Assistant United States Attorney
                                           Court ID No. A5502029
                                           nicole.s.grosnoff@usdoj.gov
                                           U.S. Attorney’s Office
                                           99 Northeast Fourth Street, 7th Floor
                                           Miami, Florida 33132-2111
                                           Telephone: (305) 961-9294
                                           Facsimile: (305) 536-4089




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