USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Sonnac ane DATE FILED:__ 6/9/2023 LORI GARDNER-ALFRED and JEANETTE DIAZ, : Plaintiff, : : 22-cv-01585 (LJL) -V- : : ORDER FEDERAL RESERVE BANK OF NEW YORK, : Defendant. :
ne eee ee K LEWIS J. LIMAN, United States District Judge: The Court received another letter from Mr. Duane Berry. The letter is attached. The parties are directed to inform the Court by June 16, 2023 how they would like the Court to handle correspondence and notices of appeal from Mr. Berry.
SO ORDERED. eS wl WORE Dated: June 9, 2023 New York, New York LEWIS J. LIMAN United States District Judge
UNITED STATES COURT
IN RE: FEDERAL RESERVE BANK OF NEW YORK Case# USDC#22-cv-1585
PETITION FOR WRIT OF MANDAMUS
The notice of appeal filed on 5-12-23 is not fraudulent as stated in the courts ORDER on 5-15-23 but was filed by Federal Trustee Duane L. Berry, who is the real party in interest. The Eleventh Circuit held that it was sufficient to confer appellate jurisdiction where Federal Trustee and name of counsel was type in. See attached. Please direct the district court to transmit the filed Notice of Appeal. CERTIFICATE OF SERVICE RREE I declare under the penalty of perjury that the petition has been served on all parties.
Dated: 5-30-2023 /s/ Duane L. Berry (Federal Trustee) /s/Daphne T. Ha Federal Reserve Bank of New York 33 Liberty St. New York, NY 10045 (Attorney)
USDC SDNY . . DOCUMENT UNITED STATES DISTRICT COURT a ELECTRONICALLY FILED & SOUTHERN DISTRICT OF NEW YORE A DOC #: ancnc anc □□□□□□□□□□□□□□□□□□□□□□ nnan ananassae XK § DATE FILED: _5/15/2023_ LORI GARDNER-ALFRED and JEANETTE DIAZ, Plaintiffs, : : 22-cv-01585 (LIL) -y~ . : ORDER FEDERAL RESERVE BANK OF NEW YORK, : Defendant. : ee ee nena LEWIS J. LIMAN, United States District Judge: The Appeals Coordinator received the attached Notice of Appeal in this case. The Notice of Appeal purports to be signed by Daphne Ha; however, the Appeals Coordinator contacted Ms. Ha about the notice and Ms. Ha stated that she did not file it. The Notice of Appeal is fraudulent.
The Appeals Coordinator and Clerk of Court are directed to file the Notice of Appeal on the record in this case. However, for the reasons stated, the Notice of Appeal is rejected and shall not be transmitted to the Second Circuit.
SO ORDERED. a Law Dated: May 15, 2023 a MO New York, New York LEWIS J. LIMAN United States District Judge
* UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□ GARDNER-ALFRED et al, Plaintiffs
V. Case#1:2022cv01585
FEDERAL RESERVE BANK of NEW YORK, Defendant
NOTICE OF APPEAL
This notice of appeal is by Defendant for ORDER Dkt#145 due to excusable neglect and transfer of interest of Defendant to Federal Trustee Duane L. Berry. See attached. Dated 5-11-2023 /s/Daphne T Ha Federal Reserve Bank of New York 33 Liberty Street New York, NY 10045 (ATTORNEY)
USDC SDNY pe DOCUMENT | ECEIVEIN| ELECTRONICALLY FILED DOCH | UL AAR MAY 12 2023 {| DATE FILED: § [12] 4043}: oer Sop U.S.D.C. ee W.P.
USCA11 Case: 21-11738 Document: 2-1 Date Filed: 06/04/2021 Page: 1 of 1
No. 25-11738-] JURISDICTIONAL QUESTION Please address whether the notice of appeal contains the signature of Duane Berry, who has purported to be a federal trustee for the Department of Treasury, so as to comply with the federal rules of procedure. See Fed. R. Civ. P. }1{a) (“Every pleading, written motion, and other paper must be sigued by at least one attorney of record in the attorney’s name— or by a party personally if the party is unrepresented. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorncy’s or party’s attention.”); Fed. R. App. P. 25(a)(2)(B)(iti); Becker vy. Montgomery, 532 U.S. 757, 760-65 (2001) (noting that the signature requirement applies te notices of appeal but is not jurisdictional and may be satisfied after expiration of the initial appeal period if the notice is otherwise timely and sufficient, and promptly corrected); see also 1th Cir, R. 25-4 (requiring all filed papers to be signed); Thien v, Hertz Corp., 732 F.2d 1559, 1562-63 (11th Cir. 1984) (holding that a notice of appeal was sufficient to confer appellate jurisdiction where the names of counsel and the appellant were typed on the notice of appeal). If the notice of appeal is in fact deficient, please address whether Berry can cure the lack of a signature by filing a signed notice of appeal in the district court. See Fed. R. Civ. P. il{a); Becker, 532. U.S. at 760—65.
USGA11 Case: 21-11738 Document: □□□ Date Filed: 06/21/2021 Page: 1 of 1
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No, 21-£1738-5
U.S. DEPARTMENT OF THE TREASURY, Plaintiff - Appellee, versus SEIZED FEDERAL SECURITIES, Defendant, DUANE L. BERRY, Interested Party ~ Appellaat.
Appeal from the United States District Court for the Northern District of Georgia
ORDER: The Appellant’s motion to stay pending appeal, construed from motion to stay all Orders, Judgments, Mandates, Proceedings or otherwise in this action is GRANTED to the extent that this appeal shall be stayed for a period of sixty (60) days. The Appellant may file a renewed motion for stay at the expiration of the sixty (60) day-time period if necessary. The Appellant is directed to file a monthly status report on the 15" of every month until the stay has been lifted.
‘sf Robin S. Rosenbaum UNITED STATES CIRCUIT JUDGE
Gnuited States Court of Appeals —_ . “ae tay for the Fifth Circuit GO Cae A Trae Copy Costified oxder issucd Mar 64, 2021 No. 20-16958 Sih ate Clerk, US. Court of Appeals, Fifth Ciresit DUANE L, Berry, IN 81S OFFICIAL CAPACITY AS PRESIDENT OF THE FEDERAL RESERVE BANK OF New York, also known as DUANE LETROY BERRY, Plaintiff—Appellant, versus . DANIELLE POWERS, Defendant —Appellee.
Appeal from the United States District Court for the Northern District of Texas USDC No. 3:20-CV-2034
CLERK’S OFFICE: Under 5™ Cir. R. 42.3, the appeal is dismissed as of March 4, 2021, for want of prosecution. The appellant failed to timely pay the fee.
by Federal Reserve Bank of New York. (Attachments: # {| Exhibit 1 (Plaintiffs' production cover letter dated February 10, 2023), # 2 Exhibit 2 (Plaintiffs' production cover letter dated February 23, 2023)).(Leonard, Alex) (Entered: 04/28/2023) 131 | SCHEDULING ORDER: Oral Argument set for 5/9/2023 at 02:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman, regarding Defendant's motion for sanctions. Plaintiffs are directed to provide to the Court at the hearing all of the documents withheld from production on the basis that it is spam anc all other documents regarding contact with the ministry or payment to the ministry. The Plaintiffs are directed to attend and to be prepared to testify at the request of eith counsel for Plaintiff or counsel for Defendants. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mcf) (Entered: 05/01/2023) 4132 | ORDER: The Clerk's Office received the attached document. The Court does not believe that any action needs to be taken in response to this "notice." Any party who believes that the document requires action by the Court shall file a letter on ECF by the end of this week. SO ORDERED. (Signed by Judge Lewis J.
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USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Sonnac ane DATE FILED:__ 6/9/2023 LORI GARDNER-ALFRED and JEANETTE DIAZ, : Plaintiff, : : 22-cv-01585 (LJL) -V- : : ORDER FEDERAL RESERVE BANK OF NEW YORK, : Defendant. :
ne eee ee K LEWIS J. LIMAN, United States District Judge: The Court received another letter from Mr. Duane Berry. The letter is attached. The parties are directed to inform the Court by June 16, 2023 how they would like the Court to handle correspondence and notices of appeal from Mr. Berry.
SO ORDERED. eS wl WORE Dated: June 9, 2023 New York, New York LEWIS J. LIMAN United States District Judge
UNITED STATES COURT
IN RE: FEDERAL RESERVE BANK OF NEW YORK Case# USDC#22-cv-1585
PETITION FOR WRIT OF MANDAMUS
The notice of appeal filed on 5-12-23 is not fraudulent as stated in the courts ORDER on 5-15-23 but was filed by Federal Trustee Duane L. Berry, who is the real party in interest. The Eleventh Circuit held that it was sufficient to confer appellate jurisdiction where Federal Trustee and name of counsel was type in. See attached. Please direct the district court to transmit the filed Notice of Appeal. CERTIFICATE OF SERVICE RREE I declare under the penalty of perjury that the petition has been served on all parties.
Dated: 5-30-2023 /s/ Duane L. Berry (Federal Trustee) /s/Daphne T. Ha Federal Reserve Bank of New York 33 Liberty St. New York, NY 10045 (Attorney)
USDC SDNY . . DOCUMENT UNITED STATES DISTRICT COURT a ELECTRONICALLY FILED & SOUTHERN DISTRICT OF NEW YORE A DOC #: ancnc anc □□□□□□□□□□□□□□□□□□□□□□ nnan ananassae XK § DATE FILED: _5/15/2023_ LORI GARDNER-ALFRED and JEANETTE DIAZ, Plaintiffs, : : 22-cv-01585 (LIL) -y~ . : ORDER FEDERAL RESERVE BANK OF NEW YORK, : Defendant. : ee ee nena LEWIS J. LIMAN, United States District Judge: The Appeals Coordinator received the attached Notice of Appeal in this case. The Notice of Appeal purports to be signed by Daphne Ha; however, the Appeals Coordinator contacted Ms. Ha about the notice and Ms. Ha stated that she did not file it. The Notice of Appeal is fraudulent.
The Appeals Coordinator and Clerk of Court are directed to file the Notice of Appeal on the record in this case. However, for the reasons stated, the Notice of Appeal is rejected and shall not be transmitted to the Second Circuit.
SO ORDERED. a Law Dated: May 15, 2023 a MO New York, New York LEWIS J. LIMAN United States District Judge
* UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□ GARDNER-ALFRED et al, Plaintiffs
V. Case#1:2022cv01585
FEDERAL RESERVE BANK of NEW YORK, Defendant
NOTICE OF APPEAL
This notice of appeal is by Defendant for ORDER Dkt#145 due to excusable neglect and transfer of interest of Defendant to Federal Trustee Duane L. Berry. See attached. Dated 5-11-2023 /s/Daphne T Ha Federal Reserve Bank of New York 33 Liberty Street New York, NY 10045 (ATTORNEY)
USDC SDNY pe DOCUMENT | ECEIVEIN| ELECTRONICALLY FILED DOCH | UL AAR MAY 12 2023 {| DATE FILED: § [12] 4043}: oer Sop U.S.D.C. ee W.P.
USCA11 Case: 21-11738 Document: 2-1 Date Filed: 06/04/2021 Page: 1 of 1
No. 25-11738-] JURISDICTIONAL QUESTION Please address whether the notice of appeal contains the signature of Duane Berry, who has purported to be a federal trustee for the Department of Treasury, so as to comply with the federal rules of procedure. See Fed. R. Civ. P. }1{a) (“Every pleading, written motion, and other paper must be sigued by at least one attorney of record in the attorney’s name— or by a party personally if the party is unrepresented. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorncy’s or party’s attention.”); Fed. R. App. P. 25(a)(2)(B)(iti); Becker vy. Montgomery, 532 U.S. 757, 760-65 (2001) (noting that the signature requirement applies te notices of appeal but is not jurisdictional and may be satisfied after expiration of the initial appeal period if the notice is otherwise timely and sufficient, and promptly corrected); see also 1th Cir, R. 25-4 (requiring all filed papers to be signed); Thien v, Hertz Corp., 732 F.2d 1559, 1562-63 (11th Cir. 1984) (holding that a notice of appeal was sufficient to confer appellate jurisdiction where the names of counsel and the appellant were typed on the notice of appeal). If the notice of appeal is in fact deficient, please address whether Berry can cure the lack of a signature by filing a signed notice of appeal in the district court. See Fed. R. Civ. P. il{a); Becker, 532. U.S. at 760—65.
USGA11 Case: 21-11738 Document: □□□ Date Filed: 06/21/2021 Page: 1 of 1
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No, 21-£1738-5
U.S. DEPARTMENT OF THE TREASURY, Plaintiff - Appellee, versus SEIZED FEDERAL SECURITIES, Defendant, DUANE L. BERRY, Interested Party ~ Appellaat.
Appeal from the United States District Court for the Northern District of Georgia
ORDER: The Appellant’s motion to stay pending appeal, construed from motion to stay all Orders, Judgments, Mandates, Proceedings or otherwise in this action is GRANTED to the extent that this appeal shall be stayed for a period of sixty (60) days. The Appellant may file a renewed motion for stay at the expiration of the sixty (60) day-time period if necessary. The Appellant is directed to file a monthly status report on the 15" of every month until the stay has been lifted.
‘sf Robin S. Rosenbaum UNITED STATES CIRCUIT JUDGE
Gnuited States Court of Appeals —_ . “ae tay for the Fifth Circuit GO Cae A Trae Copy Costified oxder issucd Mar 64, 2021 No. 20-16958 Sih ate Clerk, US. Court of Appeals, Fifth Ciresit DUANE L, Berry, IN 81S OFFICIAL CAPACITY AS PRESIDENT OF THE FEDERAL RESERVE BANK OF New York, also known as DUANE LETROY BERRY, Plaintiff—Appellant, versus . DANIELLE POWERS, Defendant —Appellee.
Appeal from the United States District Court for the Northern District of Texas USDC No. 3:20-CV-2034
CLERK’S OFFICE: Under 5™ Cir. R. 42.3, the appeal is dismissed as of March 4, 2021, for want of prosecution. The appellant failed to timely pay the fee.
by Federal Reserve Bank of New York. (Attachments: # {| Exhibit 1 (Plaintiffs' production cover letter dated February 10, 2023), # 2 Exhibit 2 (Plaintiffs' production cover letter dated February 23, 2023)).(Leonard, Alex) (Entered: 04/28/2023) 131 | SCHEDULING ORDER: Oral Argument set for 5/9/2023 at 02:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman, regarding Defendant's motion for sanctions. Plaintiffs are directed to provide to the Court at the hearing all of the documents withheld from production on the basis that it is spam anc all other documents regarding contact with the ministry or payment to the ministry. The Plaintiffs are directed to attend and to be prepared to testify at the request of eith counsel for Plaintiff or counsel for Defendants. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mcf) (Entered: 05/01/2023) 4132 | ORDER: The Clerk's Office received the attached document. The Court does not believe that any action needs to be taken in response to this "notice." Any party who believes that the document requires action by the Court shall file a letter on ECF by the end of this week. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/01/2023 (ama) (Entered: 05/01/2023) 133 | NOTICE of Hearing: Pre-Settlement Telephone Conference set for 5/10/2023 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398- 2342 and enter access code: 9543348. (rsh) (Entered: 05/02/2023) 134 | NOTICE of Hearing: Settlement Conference set for 6/7/2023 at 10:60 AM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. A link will be emailed to the parties one week prior to the conference. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than May 31, 2023, by 5:00 p.m. (rsh) (Entered: 05/02/2023) /03/2023 135 | LETTER addressed to Judge Lewis J. Liman from Daphne Ha dated May 3, 2023 re: New information Relevant to New York Fed's Motion for Discovery Sanctions (Dkt. No. 119). Document filed by Federal Reserve Bank of New York. (Attachments: # | Exhibit A (Plaintiff's March 20, 2023 Offer Letter)).cHa, Daphne) (Entered: 05/03/2023) 136 | NOTICE OF SUBSTITUTION OF DEFENDANT. Document filed by Duane L. Berry(Federal Trustee), U.S.Dept. of Treasury (sc) Modified on 5/4/2023 (sc). (Entered: 05/04/2023) 137 | SCHEDULING ORDER: The status conference scheduled for 5/10/2023 at 10:00am is cancelled. The Court shall instead address issues related to the status of this case at the oral argument scheduled for May 9, 2023 at 2:30pm. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mef) (Entered: 05/05/2023)
pl?9704984 1 4438243-L_ 10-4 Page 22 o
. . Ss UNITED STATES DISTRICT COURT
GARDNER-ALFRED et al, Plaintiffs
Vv. Case#1:2022cv01585
FEDERAL RESERVE BANK of NEW YORK, Defendant
NOTICE OF SUBSTITUTION OF DEFENDANT
The Defendant FEDERAL RESERVE BANK of NEW YORK assets have been arrested (SEIZED FEDERAL SECURITIES #14-202658 BCT). The United States Department of the Treasury is the real party in interest and is automatically substituted. See attached.
CERTIFICATE OF SERVICE FEEPERELEEL EERSTE AERTS ES ] declare under penaity of perjury that this notice has been served by U.S. Certified Mail on all parties.
Dated 04-28-2023 /s{ DUANE LETROY BERRY (Federal Trustee) US. Department of the Treasury 1500 Pennsylvania Ave. NW Washington, D.C. 20220
WEA. Ge eh oh. a ching & a TR, We eee ee ee
PE UNITED STATES COURT OF APPEALS SEO a eae For THE FEDERAL CIRCUIT ee. 717 MADISON PLACE, N.W. a ee WASHINGTON, D.C. 20438 Paver R. MARKSTEINER CLERE'S OFFICE CiEerk o¢ Court 202-275-2000 January 24, 2023 NOTICE OF DOCKETING
Federal Circuit Docket No.: 2023-117 Federal Circuit Short Caption: In re: Seized Federal Securities Date of Docketing: January 24, 2023 Originating Tribunal: United States District Court for the Northern District of Texas Originating Case No.: 3:21-cv-00393-D-BT Petitioner: Seized Federal Securities A petition for writ of mandamus has been filed and assigned the above Federal Circuit, case number. The court's official caption is included as an attachment to this notice. Unless otherwise noted in the court's rules, the assigned docket aumber and official caption or short caption must be included on all documents filed with this Court. It is the responsibility of all parties to review the Rules for critical due dates. The assigned deputy clerk is noted below and all case questions should be dixected to the Case Management section at (202) 275-8055. The following filings are due within 14 days of this notice: « Entry of Appearance or Notice of Unrepresented Person. (Fed. Cir. R. 47.3) « Certificate of Interest. (fed. Cir. R. 47.4; not required for unrepresented and federal government parties unless disclosing information under Fed. Cir. R. 47.4{a)(6)) « Docketing Statement. Note: The Docketing Statement is due in 30 days H the United States or its officer or agency is a party in the appeal. (Fed. Cir. R. 33.1 and the Mediation Guidelines; no docketing statement is required in cases with an unrepresented party) * Statement Concerning Discrimination mm MSPB or arbitrator cases. (ed. Cir. R. 15(c); completed by petitioner only) « Fee payment or appropriate fee waiver request, if the docketing fee was not prepaid (see Fee Payment below).
UNITED STATES SUPREME COURT
iN RE: UNITED STATES DEPARTMENT OF THE TREASURY Case# USCA#2023-00117
RULE 22 APPLICATION FOR COURT TO ENFORCE ITS ILS. MARSHALS TO: Chief Justice folm G. Roberts
On 7/8/21 and 7/23/21 under the direct ORDER of the United States Department of the Treasury, the undersigned Applicant and also the Respondent in the lower coart, the U.S, Marshals Service arrested CLASSIFIED SEIZED FEDERAL SECURITIES per. LR.S. taxpayer account #56-0966609 BANK OF AMERICA and #14-202658 BCT and a portion is now held in this Court's U.S. Marshals custody. See attached U.S.M.-285., Please direct the Court to GRDER its U.S. Marshals i return the property per. newly submitted U.S.M-255 forms instruction. “Since in statutory scheme, office of Marshal exists as arm of office of Attorney General, commitment to Marshal can only be consirued as commitment to Attorney General.” (See United States V. Howard, 545 F.2d 1044, 6% Cir. 1976)
Dated: 3-33-2023 /s/ Duane L Berry United States Department of the Treasury 1508 Pennsyivania Ave. NW Washington, DC 20226 (Applicant) /sf loana Cristel Meyer United States Department of justice 950 Pennsylvania Ave. RW Washineten, DC 20530 {Counsel} /s/ Eizabeth Preloger Solicitor General United States Department of Justice 959 Pennsylvania Ave. NW Washington, DC 20530 fCounsell (Counsel) RECEIVED MAR 13 2023 CFECE THESLERK
Are. CaP RE PLAR RG. Swe stipe. Ff BOR. Wee Ge rea
FORM 26. Certificate of Service Form 30 duly 2620 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT CERTIFICATE OF SERVICE Case Number 9923.117 Short Case Caption fp re: Seized Federal Securities
NOTE: Proof of service is only required when the rules specify that service must be accomplished outside the court's electronic filing system. See Fed. R. App. P. 25(d); Fed. Cir. R. 25(e). Attach additional pages as needed. I certify that I served a copy of the foregoing filing on 02/14/2023 by US.Mail [] Hand Delivery []Email [_]Facsimile EL} Other: on the below individuals at the folowing locations. Service Location ‘Address, Facsimile, Email) Seized Federal Securities | PO Box 381292 Clinton Township, MI 48038
[] Additional pages attached. Date: 02/14/2023 Signature: /s/ Ioana Criste1 Meyer _ Name: Joana Cristet Meyer
Cleese G2b-OV-JooLU GOCUTEM LU rHeG OM Uoreaed I PASE? Page i On io i UNITED STATES DISTRICT COURT U.S. DEPARTMENT OF THETREASURY, PLAINTIFF ¥ CASE#4-2021-cv-03610 SEEZED FEDERAL SECURITIES, Usted States Cats DEFENDANT Souther Diswict of Texas FILED □□□□□□□□□□□□□□□□□□□□□□□□□□□□ MAY 2 3 2022 CEASE AND DESIST Riedin Ochsaey Cinel Coat" TO: ALL PARTY SERVICE PROVIDERS , et al RE:{ATTACHED DEFENDANT) FEDERAL RESERVE BANK OF NEW YORK 33 Liberty St. New York, NY 10045 Per. attached 11% Circuit ORDER and supplemental attachments, the (ATTACHED DEFENDANT} has been arrested. Any service provider, contractor, _ agent, merchant, primary dealer, employee, recipient, class member, payment processor, settlement administrator, payer, payee, intermediary-corresponding bank, and any other person or custodian shall immediately cease and desist all operations, terminate, clase, disconnect all services, ulilities, regisirations, payments, settlements, checks, draits, invoices, wire transfers, phone-internet, contracts, subscriptions, work- orders, accounts, licenses, leases, bonds, permits, postalnail, dectronically stored info., etc. with the ahove- mentioned ( ATTACHED DEFENDANT) within 72 hours of receipt, and return evidence of bemmnination along with any property, U.S. Treasury bonds, or money received from tire (ATTACHED DEFENDANT) made payable TO: Trustee Recovery Account, P.O. Box #381292 42383 Garfield Rd. Clinton Township, Mich. 48038. Whereas, 3“ PARTY is also subject te binding compliance of the National Security Act per. attached warrants in which disclosure to anyone of arrest and cease and desist is prohibited. Failure to comply within the specified time is subject to further arrest and seizure of 3% PARTY'S assets by the U.S. MARSHALS or any local or state law enforcement officers. Dated 05-12-2022 US. DEPARTMENT OF THE TREASURY, PLAINTIFF
Wee hE OY GOA GRAGLGTICRT 24) HERG OPP of 2 of PT PAGE? ae < OF AG
IN THE UNITED STATES COQIRT OF APPEALS FOR THE ELEVENTH CIRCINE
No, 21-21738-3
US. DEPARTMENT OF THE TREASURY, Piamatt ~ Appellee, Versys SEIZED FEDERAL SECURITIES, Deferdant, DUANE 1. BERRY, Interested Pasty - Appeliani.
Appeal from the United States Distiict Ceurt for the Norikere District of Geoxpia
ORDER: The Appellant's motes to stay pending appeal, consirecd fom motion to stay alt Oxders, Judgements, Mendztes, Procendines or otherwise im tas action is GRANTED to the extent that this appeal shali be staved for a pexiod of saxty (60) days. The Appellan may fie a renewed motion for stay at the expiration of the sixty (60) day-time pesied imecessary. The Appelant is directed to file a monthly stats separt on the 15” of every month cntil the stay has been lifted.
ésf Rolin §. Rosenbaum UNITED STATES CIRCOIE SUBGE
Wee SE Aa LIS LU LAGCLHTIeHE reHGO OG) Ut 2sf/f HY PACKS rade a OF Ls UNITED STATES COURT GF APPEALS
URITED STATES DEPT. OF THE TREASURY, PLAINTIFF
VW. CASES21-Li738
SEIZED FEDERAL SECURITIES, . DEFENDANT . renter rnaamneeansnnte tian ff
STATUS REPORT BY ORDER
The ORDER kas been satisfied to the extent that the Plsixiff hes arrested and taken custody of the Defendant by atiaclunents troagh its Federal Trustee Duane L Berry and the Ef S. Marshals Service. No further stay is necessary. See attached executed warrants. ,
fs/Buane L Bory FEDERAL TRISTEE
□□ cet AP. OL OG LEE Aa HEU Oi Uo Acie ib fb AES rege 4 Ob ee py SS as ee “> raters le tet UNEEAD STATES DEPARTMENT § Hi TREASURY, § § ™ V. § Na 32:2%-cw-f0F E7-CAP-OCB § : SEIZED FEDERAL SECURITIES. 3 § Defendant, § . & WARRANT FOR ARREST IR EER FO: THE UNITED STATES MARSHAL AND ANY PERSOR WHESEHAS, in a matter concerning the Eatioeral Security of the United States iu the above captioned action, the undersigned FEDERAL TRUSTEE, om behalf of the United States. Bepartment of the Treasury, hes isswed 2 warrant for arrest in rem regarding the recovery and investigation of classified tax records, documents, and banking information pursuant to the Eationsl Security Act. [See 50 U.S.c. § 3162(a){1)] WHEREAS, the updersigned FEDERAL TRESTIEE is authorized to issue this warrant and mo further court action is reqwined. [See 50 U.S.€. § 3162(a}(3}(4} and 26 U.S.C. = 6963] .
. ~ FEPERAE, TRUSTEE Dated: March 11, 2022 | 26 USC § 6903)
1500 Pennsylvania-Ave. WH Washington, BC 20220
Rents Bee eg ete SOD LACUS 0 RL eg oR A ae ate SD Eee Seate¥ Matshals Service See “hestrucsines for Service of Pracexe by US. Marsiai™ a = = — Rotman eae —— □□□ cia aerate: U.S. DEPARTNENT GF THE TREASURY '3224~cv-00717-CM DEFENDANT | os j TYPE PROCESS _ SEIZED FEDERAL SECURITIES | PARRANT NAME OF INDIVIDDAL COMPANY. CORPORATION EVC. $0 SEVEOR DESCER THIN OF PROPERTY TO SEDE OR CONIRAIN SERVE. CNN AX } ADDRESS (Gree or BAD) Spertece Ro Cor, Sart Pe OO 1 CSN Center, Atlanta, GA 30303 SEND NOTICE OF SERWILE COFY 10 SEQUESTER AT NAME □□□ ADDRESS BELOW F Restate ste j t 10.8. DEPARTMENT oF THE TREASURY [wees PO Attn: Mr. Brent J. McIntosh — Nani at parties te be (General Counsel) j Stee ieee i i 1506 Pennsylvania Ave., NW omen ovine [ Washington, DC 202270" i Resa, SPECIAL INSTRECTIONS Of OTIEER INFORMATION THAT WILL ASSIST Bs EXPETNTING SERVICE (Eactmte Rene und Alterecte Anse. JB Tetepheswe Meesters, and Betinesia! Fires soos fer Serre roll □ PLEASE HAINTAIN LEAKED TAX RECORDS, 'SEMZED FEDERAL SECUBTTIES* = (Defendant) in your custody until further nefice
of Attomey odhey Qrigietar macecthte sortase on bebalf wi Pree eee. inane ~ ep eames het iy at » @omemmrr [--- -- ---- [igre 2? SPACE BELOW POR USE OF US. MARSHAL ONLY— DO NOT WRITE BELOW FHS TANE. tnckotodge receiga forthe eqsall | Foes Process | ties of j Dist wo Sigesmas of Aariosieed USMS Demmey oc Chek Hote mabecfestrieas | Oise Sens Precre Seetirmerer | Lda A fa | foe | Hah costly 2nd. wt EE ve served LB have etfdrors of sents ON tecememesd 2s chown in “Bemis”. the process depend certify aod sete that Foam sale to dots individ company, coppandios me, maged shows Ser remaeks below) rn j ~ ra Wake Of edStidenl sacred (fas Shey sere) | FREDIN ° tT 3 pena af i eatin Lind yen £2. □ AS RK Aterte efatet: (coanpiicte onic different than xkinen abore! ; Ehate Tene Yon ae } «7 = serene ioe ; E Soro PIES. My an Dicpesy VELL i GA BO0Pre a ae ee . Fee ere edn i oS Mee : yer jaoteraeas aoe 7 7 Pciaeeaiaf Acta PHT 24 $0.90 REMARKS: (Poy a 5 □□ 4 . □□□ □ ~~» 2th dread 7-¥4 a fhe a □□ wa 4 my fe, Sage _CLERE OF THE COURT - Pein EDS MAY BE Uae Seeeien 2 USMS RECORD # See cagipate refoct for ksté 3. NOTICE OF SERVICE 3. BELLING STATEMENT: To be sepned tothe US Marsal oak maybe. ac gt cs Foon: BERET iFany grown is ewod. Ploase vend promptly papatde te TES. Mamba. - Ree. □□□□ . 5. ACENOWLEDOMBNT OF RECEIPT Padomaied □□□□
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Tene Fostice eure wpe ee US. Bpactmtnt of Fstce PROCESS RECEIPY AND RETURN ACE SIAEES MASH ASIVIEE See “iereciiens dur Serice of Prorecs by US, clurthat PLAGE 1 consi CASE SURES ‘U.S PDEPARTHERT OFTHE TREASURY i:2i-ev-00717 CAD DEEMRART (svreorreotess a □□ SE}JZEG FEDERAL SECURITIES j SUE POERA/WARRANT TaMEOF SDIMDHAL, COMPAIY, CORSORA ROL EEC FU SEQVE OR DEICREFTION CF SOFERTY TO SEES UF CREAT
SERVE Mec Toa FEL. By AT ADDRESS (arcs RED dng fo. Cine, Neate aad EP Gael} ee jee. □ pe oa . Aa: 354 Ries PY Riese fey, Getcweae ON Ye NGVRCE OF SERVANT 10 REHEAT AT MAME Atds AGHUEESE SEY | Bieetabor sj suena pa Be fF = a er mimes = ain neat meanest mee fee ee De i ry ss fale Ps FRPABTMENT GF FHE TREASGEY ; oo □□ = i i += BEE ARTMENT QE □□□ FREASGRY | Member! pumes ote (tos, □□ □□□□□ Atta: ic. Grant J. Meintosh [ sacdiktiies peg asc wo (General Counsel) p-——-— Oo 1500 Pennsylvania Ave., 5W i Chest far ersvice Se ~ Aa | @ashineton, BC 26270 | = = RS Freee ae eT a near ca a ee a a pt Ee moe Sy ei SPECIAL INSTEGCTIONS 08 GTHER DIPORMATON THAT WILL ASSINT SXPST TING SERVIVE Ginetke Redeors ceck Aires e Adin 23 CD □ AT Petophone (eho end Extieccted Anorksite Jar Gersics]= an TTR cy fen cepa Fal (SEE ATTACHED WARRANT) eeysnc
‘Sipnuraset Asters: ho: Tyizaee nequstine service ca het ef: ~ rages free zat ae 5 ee at mgm o- TSS Poa 5 ee : Goan □ fof CG peremaay j —_- ~-—— a SS 7 2} > 7 - = Lo ecseeeese : 7 SPACE BELOVF FOR USE OF US. MARSHAL ONLY_ D0 NOY WieseeTIgk@w THIS LINE ee nate etna A NER a Er Cashertindes receipt fecthstaat {Teval Pees: { Osa of totetstes oo i Slecatere of Autbosbndd LEMS Dypearg or bch iar neater of pacers incoted, 1Okigts Serve ; OG j □ 5 (Sign acly joo OSM 283 ferme | hc fa. f (of 3 af; one USL ISS is meee | Ia 4 | fay Ht i £.. i Co. □ “7 Tacks costiy ond nto gor RE bare patoolly avin AF Tir ket celtics of sori, CF beoretented 21 husn in Peamvis de poocets doritied we te iediviniiod . oommine. ecqzorttion cte_ thy actor; share abun on the eeatadl comgoey, ceqpersine atc. she X the adds deed Fina becky cows sal acter that Jo ugalie iokoste ths edie] etapeay, cxpoation, cts aconed steve (Ste rercrls Behep eR sud tle of adividuel son oul (if eat shomn err) ' & Ages vane aes aed Beenirct . ie ms f yf f uf 4 i Foes sos Dab tae + eect peer Ashle oor, Ci pice vangee □□□ _ Addhest dusts iv dijfercat Bem dra aignct [ gee □ vee 7 i Wala 'Q-g2 fai 44 Gra DJErmt G4 above i fh gt fe OE Sigpee: SUS. Madnter Poouy | aE Te 3001 Sepiccs Fes Feud Miler Corre] Formcmadies For ; Feed Cage: lachaome Deposits i Synen vam 3 Stusecait +: ~ indica oe ders} j i : i Soaea fii 2. i if ries fla taant i : 36.08 i i ! i REMARKS: A 4. £ 7 - x Fut f: os Se reed ev ttend Iguidend fe Ash bey foace, dacs pai — . of Mat ding font inn, P20) GA 7/3) 908 e@ CFx73 hes. LOULERK OFTHECOURE 5 . . andy PEER EDITS MAY Sh Poneaeesisy | CLERK OF THE endenve: Pferd daz i snoviceorseRvice oF FY miles +. BILLING STATEMENT Te tr stunned fo Qe LS ebarstest nh pereecnt, Fors UISMAIE5 iZ ani amount is owed. Means eaait prcopty parable eed S. Absit Ber #2 q ACKNONLSOGMENT OF RST } he © Avtomared □□□□□□
MA Eas EUR EU ELE GaP Ure A HP PA PERE OP 2S UNITED STATES DISTRICT COURT Sy [ are 78 2ge | 5. DEPARTMENT OF THE TREASURY, PLAINTIFF o oegy.. ew teday □□□ ¥. CASES1-Z1- 717
SEIZED FEDERAL SECURITIES, SEFENDANT rem net nes □□□ cen fl
NOTICE OF FORFEITURE The real property knewn as THE FEDERAL RESERVE SANK OF NEW YORK
_ Located at 33 Liberty $t, New York. MLY., 10045 with ail appurtenances and attachments thereon and any right to collect and recesve any profit, rent, mcome and proceeds therefrom directly or indirectly including ail Interest heid in or secured ty the real property has been attached thraugh the Defendant SEIZED FEDERAL SECURITIES and forfcited tp the Plaintiff ner. attached executed warrants. Any Unknown Defendant willing te combest the forfeiture musst Bie a natice of appearance within i0 days of service ot this notice shall consntete an irrevocable vesting of titie and conveyance of property to the Plaintiff
Dated: 04-12-2622 {Sf DUANE RERRY FEDERAL THUSTEE
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CERTIFICATE OF SERVICE l cortify that 2 copy ef the inregoing was served upon:
FRDERAL RESERVE BANK OF NEW YORE 33 Liberty St New Yor, BLY. 20045 THE FEDERAL RESERVE RANKING SYSTEM — CHAIRMAN JEROME POWELL 207 St. and Constitution Ave. SA) Washington, B.C. 20551 US. SENATE COMMITTEE ON BANKING 534 Dirksen Sensie Office Bids Washington, D.C 20530 US. HOUSE COMMITTEE ON FINANCIAL SERVECES 2129 Rayburn House Office Bldg. Washington, DI 26525
By U.S. Certified Mail, see attachad receipts
Dated: 04-12-2022 {s/DUANE L_ BERRY FEDERAL TRUSTEE
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