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U.S. v. Rhem, 7:16-CR-00050-D. (2018)

Court: District Court, E.D. North Carolina Number: infdco20181120d27 Visitors: 6
Filed: Nov. 19, 2018
Latest Update: Nov. 19, 2018
Summary: FINAL ORDER OF FORFEITURE 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
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FINAL ORDER OF FORFEITURE

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 www.forfeiture.gov web site for at least 30 consecutive days, between June 26, 2018 and July 25, 2018, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty of Maritime Claims and Asset Forfeiture Actions. Said. published notice advised all third parties of their right to the petition the court within sixty (60) days from the first day of publication date for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

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.

GOVERNMENT EXHIBIT A

Advertisement Certification Report

The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day between June 26, 2018 and, July 25, 2018. 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.

U.S. v. Joe Francis Rhem, Jr.

Court Case No: 7:16-CR-50-D For Asset Id(s): See Attached Advertisement Copy Consecutive Date Advertisement Total Hours Web Site Verification that Calendar Day Appeared on the was Available during Advertisement Count Web Site Calendar Day existed on Web Site 1 06/26/2018 23.9 Verified 2 06/27/2018 24.0 Verified 3 06/28/2018 24.0 Verified 4 06/29/2018 24.0 Verified' 5 06/30/2018 24.0 Verified 6 07/01/2018 24.0 Verified 7 07/02/2018 24.0 Verified 8 07/03/2018 24.0 Verified 9 07/04/2018 24.0 Verified 10 07/05/2018 24.0 Verified 11 07/06/2018 24.0 Verified 12 07/07/2018 24.0 Verified 13 07/08/2018 24.0 Verified 14 07/09/2018 24.0 Verified 15 07/10/2018 24.0 Verified 16 07/11/2018 24.0 Verified 17 07/12/2018 24.0 Verified 18 07/13/2018 24.0 Verified 19 07/14/2018 24.0 Verified 20 07/15/2018 24.0 Verified 21 07/16/2018 24.0 Verified 22 07/17/2018 24.0 Verified 23 07/18/2018 24.0 Verified 24 07/19/2018 24.0 Verified 25 07/20/2018 24.0 Verified 26 07/21/2018 24.0 Verified 27 07/22/2018 24.0 Verified 28 07/23/2018 24.0 Verified 29 07/24/2018 24.0 Verified 30 07/25/2018 24.0 Verified

Additional log information is available and kept in the archives for 15 years after the asset has been disposed.

Attachment 1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, SOUTHERN DIVISION COURT CASE NUMBER: 7:16-CR-50-D; NOTICE OF FORFEITURE

Notice is hereby given that on May 24, 2018, in the case of U.S. v. Joe Francis Rhem Jr., Court Case Number 7:16-CR-50-D, the United States District Court for the Eastern District of North Carolina entered an Order condemning and forfeiting the following property to the United States of America:

$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 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 Matthew Fesak, 310 New Bern Avenue, Terry Sanford Federal Building, Suite 800, Raleigh, NC 27601-1461. 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.

Source:  Leagle

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