Court filing
Affirmation of Publication — United States v. Cornell McCoy
Filed August 9, 2022 in U.S. v. Mccoy; one of 11 filings from this case.
Record facts
| Court | U.S. District Court, District of New Jersey |
|---|---|
| Filed | 2022-08-09 |
U.S. District Court, District of New Jersey · No. 1:22-cr-00186-KMW · Doc. 24 · 2022-08-09 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA
v.
CORNELL MCCOY,
Defendant.
:
:
:
:
Hon. Karen M. Williams, U.S.D.J.
Crim. No. 22-186
AFFIRMATION OF PUBLICATION
I, SARAH DEVLIN, pursuant to Title 28, United States Code, Section
1746, hereby affirm under the penalty of perjury:
That I am an Assistant United States Attorney in the Office of the United
States Attorney for the District of New Jersey, and
That attached to this affirmation are the following:
(1)
A true and correct copy of the Notice of Forfeiture published in
connection with the above-captioned case (Attachment 1), and
(2)
An Advertisement Certification Report generated by the
Consolidated Asset Tracking System maintained by the Department of Justice,
which indicates that the aforementioned Notice was posted on an official
government internet site (www.forfeiture.gov) for at least thirty (30) consecutive
days, beginning on May 7, 2022 and ending on June 5, 2022, as required by
Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims
and Asset Forfeiture Actions (Attachment 2).
Dated: August 9, 2022
s/Sarah Devlin
SARAH DEVLIN
Assistant United States Attorney
Case 1:22-cr-00186-KMW Document 24 Filed 08/09/22 Page 1 of 6 PageID: 162
ATTACHMENT 1
Case 1:22-cr-00186-KMW Document 24 Filed 08/09/22 Page 2 of 6 PageID: 163
Attachment 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
COURT CASE NUMBER: 1:22-CR-00186; NOTICE OF FORFEITURE
Notice is hereby given that on March 15, 2022, in the case of U.S. v. Cornell
McCoy, Court Case Number 1:22-CR-00186, the United States District Court for the
District of New Jersey entered an Order condemning and forfeiting the following property
to the United States of America:
$180,575.75 in funds from Key Bank Account #385121004316 in the name of Silver
Cup Services Group LLC (22-FBI-002644) which was seized from Cornell McCoy
on or about March 18, 2022 at Key Bank in Brooklyn, OH
$20,002.37 in funds from Key Bank Account #285123003902 in the name of Silver
Cup Services Group LLC (22-FBI-003155) which was seized from Cornell McCoy
on or about April 14, 2022 at Key Bank in Brooklyn, OH
The United States hereby gives notice of its intent to dispose of the forfeited
property in such manner as the United States Attorney General may direct. Any person,
other than the defendant(s) in this case, claiming interest in the forfeited property must file
an ancillary petition within 60 days of the first date of publication (May 07, 2022) of this
Notice on this official government internet web site, pursuant to Rule 32.2 of the Federal
Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1). The ancillary petition must be
filed with the Clerk of the Court, Mitchell H. Cohen Federal Courthouse,One John F. Gerry
Plaza, 400 Cooper Street, P.O. Box 2797, Camden, NJ 08101-2797, and a copy served
upon Assistant United States Attorney Sarah Devlin, 970 Broad Street,, Suite 700,
Newark, NJ 07102. The ancillary petition 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 forfeited property, the time and circumstances of the petitioner's acquisition of the
right, title and interest in the forfeited property and any additional facts supporting the
petitioner's claim and the relief sought, pursuant to 21 U.S.C. § 853(n).
Following the Court’s disposition of all ancillary petitions filed, or if no such petitions
are filed, following the expiration of the period specified above for the filing of such
ancillary petitions, the United States shall have clear title to the property and may warrant
good title to any subsequent purchaser or transferee.
The government may also consider granting petitions for remission or mitigation,
which pardon all or part of the property from the forfeiture. A petition must include a
description of your interest in the property supported by documentation; include any facts
you believe justify the return of the property; and be signed under oath, subject to the
penalty of perjury, or meet the requirements of an unsworn statement under penalty of
perjury. See 28 U.S.C. Section 1746. For the regulations pertaining to remission or
mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of
the forfeiture are found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the
Case 1:22-cr-00186-KMW Document 24 Filed 08/09/22 Page 3 of 6 PageID: 164
forfeiture are found at 28 C.F.R. Section 9.5(b). The petition for remission need not be
made in any particular form and may be filed online or in writing. You should file a petition
for remission not later than 11:59 PM EST 30 days after the date of final publication of this
notice. See 28 C.F.R. Section 9.3(a). The https://www.forfeiture.gov/FilingPetition.htm
website provides access to a standard petition for remission form that may be mailed and
the link to file a petition for remission online. If you cannot find the desired assets online,
you must file your petition for remission in writing by sending it to Assistant United States
Attorney Sarah Devlin, 970 Broad Street,, Suite 700, Newark, NJ 07102. This website
provides answers to frequently asked questions (FAQs) about filing a petition for
remission. You may file both an ancillary petition with the court and a petition for
remission or mitigation.
Case 1:22-cr-00186-KMW Document 24 Filed 08/09/22 Page 4 of 6 PageID: 165
ATTACHMENT 2
Case 1:22-cr-00186-KMW Document 24 Filed 08/09/22 Page 5 of 6 PageID: 166
Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day
between May 7, 2022 and June 05, 2022. Below is a summary report that identifies the uptime for each
day within the publication period and reports the results of the web monitoring system’s daily check that
verifies that the advertisement was available each day.
Court Case No:
1:22-CR-00186
For Asset ID(s):
U.S. v. Cornell McCoy
See Attached Advertisement Copy
Consecutive
Calendar Day
Count
Date Advertisement
Appeared on the
Web Site
Total Hours Web Site
was Available during
Calendar Day
Verification that
Advertisement
existed on Web Site
1
23.8
Verified
05/07/2022
2
23.9
Verified
05/08/2022
3
23.9
Verified
05/09/2022
4
23.9
Verified
05/10/2022
5
23.8
Verified
05/11/2022
6
23.9
Verified
05/12/2022
7
23.9
Verified
05/13/2022
8
23.8
Verified
05/14/2022
9
23.8
Verified
05/15/2022
10
23.9
Verified
05/16/2022
11
23.9
Verified
05/17/2022
12
23.9
Verified
05/18/2022
13
23.9
Verified
05/19/2022
14
23.9
Verified
05/20/2022
15
23.9
Verified
05/21/2022
16
23.9
Verified
05/22/2022
17
23.9
Verified
05/23/2022
18
23.9
Verified
05/24/2022
19
23.9
Verified
05/25/2022
20
23.9
Verified
05/26/2022
21
23.9
Verified
05/27/2022
22
23.9
Verified
05/28/2022
23
24.0
Verified
05/29/2022
24
23.9
Verified
05/30/2022
25
23.9
Verified
05/31/2022
26
23.9
Verified
06/01/2022
27
23.9
Verified
06/02/2022
28
23.9
Verified
06/03/2022
29
23.9
Verified
06/04/2022
30
23.9
Verified
06/05/2022
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
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