JAMES C. DEVER, III, District Judge.
WHEREAS, on May 24, 2018, this Court entered a Preliminary Order of Forfeiture pursuant to the provision of 21 U.S.C. § 853, based upon the defendant's Plea Agreement and guilty plea to an offense in violation of 21 U.S.C. § 846, and agreeing to the forfeiture of the property listed in the May 24, 2018 Preliminary Order of Forfeiture, to wit: $5,137.12 in U.S. Currency;
AND WHEREAS, the United States published notice of this forfeiture at the
AND WHEREAS, it appears from the record that no claims, contested or otherwise, have been filed for any of the subject property described in this Court's May 24, 2018 Preliminary Order of Forfeiture, other than those specifically mentioned herein.
It is HEREBY ORDERED, ADJUDGED and DECREED:
1. That the subject personal property listed in the May 24, 2018 Preliminary Order of Forfeiture is hereby forfeited to the United States. That the United States Marshall Service and/or the Federal Bureau of Investigation is directed to dispose of the property according to law.
2. That any and all forfeited funds shall be deposited by the United States Department of Justice as soon as located or recovered into the Department of Justice's Assets Forfeiture Fund in accordance with 28 U.S.C. § 524(c) and 21 U.S.C. § 881(e).
The Clerk is hereby directed to send copies of this Order to all counsel of record.
SO ORDERED.
The Notice of Publication was available on the
U.S. v. Joe Francis Rhem, Jr.
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Notice is hereby given that on May 24, 2018, in the case of
$5,137.12 U.S. Currency
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 (June 26, 2018) 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, P.O. Box 25670, Raleigh, NC 27611, and a copy served upon Assistant United States Attorney-Matthew Fesak, 310 New Bern Avenue, Terry Sanford Federal Building, Suite 800, Raleigh, NC 27601 -1461. 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 forfeiture are found at 28 C.F.R. Sections 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