Preliminary Order of Forfeiture — No. 2:21-cr-00043 (Dkt. 44, S.D. Ga.)

Summary

Judge Lisa Godbey Wood signed this consent preliminary order of forfeiture in Case No. 2:21-cr-00043 in the Southern District of Georgia, filed August 19, 2022. Mack Devon Knight pleaded guilty on or about March 25, 2022 to Counts One and Two of the indictment and consented to forfeit a 2016 Mercedes-Benz S-Class sedan as proceeds of the offenses or as a substitute asset. The order authorizes the government to seize the car and publish notice on forfeiture.gov. Third parties claiming an interest may petition the court within thirty days of final notice, or sixty days after first publication, whichever is earlier.

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Case 2:21-cr-00043-LGW-BWC Document 44 Filed 08/19/22 Page1of5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

BRUNSWICK DIVISION
UNITED STATES OF AMERICA _) CR: 2:21-043
)
v. )
)
MACK DEVON KNIGHT )

PRELIMINARY ORDER OF FORFEITURE

WHEREAS, on or about March 25, 2022 Mack Devon Knight (the
“defendant”), entered a plea of guilty to the offenses charged in Counts One and
Two of the above-captioned Indictment, charging violations of 18 U.S.C. § 1843; and

WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C.

§ 2461(c) the defendant has consented to the forfeiture to the United States of all
right, title, and interest in one 2016 Mercedes-Benz S-Class Sedan with VIN:
WDDUG8CBI1GA206303 (the "Subject Property"), as property constituting or
derived from the proceeds of the defendant’s violations of charging violations of 18
U.S.C. § 1348, and/or as substitute assets, pursuant to 21 U.S.C. § 853(p);

IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent,
by and between the United States and the defendant as follows:

1. Pursuant to 18 U.S.C. § 981({a)(1)(C) and 28 U.S.C. § 2461(0),
the defendant shall forfeit to the United States all right, title, and interest in the
Subject Property.

2. Upon entry of this Preliminary Order of Forfeiture (“Preliminary

Order”), the United States Attorney General or his designee is authorized to seize

Case 2:21-cr-00043-LGW-BWC Document 44 Filed 08/19/22 Page 2of5

the Subject Property, to conduct any proper discovery, in accordance with Fed. R.
Crim. P. 32.2(b)(3) and (c), and to commence any applicable proceedings to comply
with statutes governing third-party rights, including giving notice of this
Preliminary Order.

3. The United States shall publish notice of this Preliminary Order
in accordance with the custom and practice in this district on the government

website www.forfeiture.gov, of its intent to dispose of the Subject Property in such a

manner as the Attorney General or his designee may direct. The United States
may, to the extent practicable, provide direct written notice to any person known or
alleged to have an interest in the Subject Property as a substitute for published
notice as to those persons so notified.

4. Any person, other than the defendant, asserting a legal interest
in the Subject Property may, within thirty (30) days of the final publication of notice
or receipt of notice or no later than sixty (60) days after the first day of publication
on an official government website, whichever is earlier, petition the Court for a
hearing without a jury to adjudicate the validity of his or her alleged interest in the
Subject Property, and for an amendment of the order of forfeiture, pursuant to 21
U.S.C. § 853(n)(6). Any petition filed in response to the notice of forfeiture of the
Subject Property must 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 circumstances of the petitioner’s acquisition of the right,

Case 2:21-cr-00043-LGW-BWC Document 44 Filed 08/19/22 Page 3of5

title, or interest in the property, any additional facts supporting the petitioner's
claim, and the relief sought.

5. The defendant shall not file a claim or petition seeking
remission or contesting the forfeiture of the Subject Property in any administrative
or judicial (civil or criminal) proceeding. The defendant shall not assist any person
or entity in the filing of any claim or petition seeking remission or contesting the
forfeiture of the Subject Property in any administrative or judicial (civil or criminal)
forfeiture proceeding. The defendant shall fully assist the government in
effectuating the surrender and forfeiture of the Subject Property to the United
States. The defendant shall take whatever steps are necessary to ensure that clear
title to the Subject Property passes to the United States, including, but not limited
to, the execution of any and all documents necessary to effectuate the surrender and
forfeiture of the Subject Property to the United States. Further, if any third party
files a claim to the Subject Property, the defendant will assist the government in
defending such claims. Ifthe Subject Property are not forfeited to the United
States, the United States may seek to enforce this Preliminary Order against any
other assets of the defendant up to the value of the Subject Property, pursuant to 21
U.S.C. § 853(p). The defendant further agrees that the conditions of 21 U.S.C. §
853(p)(1)(A)-(E) have been met.

6. The defendant knowingly and voluntarily waives his right to
any required notice concerning the forfeiture of the monies and/or properties

forfeited hereunder, including notice set forth in an indictment, information or

Case 2:21-cr-00043-LGW-BWC Document 44 Filed 08/19/22 Page 4of5

administrative notice. In addition, the defendant knowingly and voluntarily waives
his right, if any, to a jury trial on the forfeiture of the Subject Property, and waives
all constitutional, legal and equitable defenses to the forfeiture of said monies
and/or properties, including, but not limited to, any defenses based on principles of
double jeopardy, the Ex Post Facto clause of the Constitution, any applicable statute
of limitations, venue, or any defense under the Eighth Amendment, including a
claim of excessive fines.

7. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B), this
_ Preliminary Order shall become final as to the defendant at the time of the
defendant’s sentencing and shall be made part of the defendant’s sentence and
included in his judgment of conviction. If no third party files a timely claim, this
Preliminary Order, together with Supplemental Orders of Forfeiture, if any, shall
become the Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2). At
that time, the monies and/or properties forfeited herein shall be forfeited to the
United States for disposition in accordance with the law.

8. The United States alone shall hold title to the Subject 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).

9. The forfeiture of the Subject Property is not to be considered a
payment of a fine, penalty, restitution loss amount, or payment of any income taxes

that may be due, and shall survive bankruptcy.

Case 2:21-cr-00043-LGW-BWC Document 44 Filed 08/19/22 Page5of5

10. This Preliminary Order shall be binding upon the defendant and
the successors, administrators, heirs, assigns and transferees of the defendant, and
shall survive the bankruptcy of any of them.

11. This Preliminary Order shall be binding only upon the Court’s
“so ordering” of the Order.

12. The Court shall retain jurisdiction over this action to enforce
compliance with the terms of this Preliminary Order and to amend it as necessary,
pursuant to Fed. R. Crim. P. 32.2(e)

13. The Clerk of the Court shall forward four certified copies of this
Order to Assistant U.S. Attorney Jonathan A. Porter United States Attorney’s
Office for the Southern District of Georgia, P.O. Box 8970, Savannah, Georgia

31412.

SO ORDERED, this day of ust 2022.

TH& HONORABLE LISA GODBEY WOOD
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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