United States of America v. Fourteen Thousand One Hundred Fifty Six and 83/100 Dollars

Filing 12

DECREE of Forfeiture as follows: (1) The Fourteen Thousand One Hundred Fifty Six and 83/100 Dollars ($14,156.83) in United States Currency is hereby forfeited to the United States, to be disposed of according to law, and no right, title or interest in the Defendant currency shall exist in any other party; and (2) that each party will bear its own costs. Signed by Honorable Myron H. Thompson on 12/19/2008. (cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. FOURTEEN THOUSAND ONE HUNDRED FIFTY SIX AND 83/100 DOLLARS ($14,156.83) IN UNITED STATES CURRENCY, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:08cv656-MHT (WO)

DECREE OF FORFEITURE Before the Court is the United States of America's ("United States") Motion for Decree of Forfeiture. On August 13, 2008, the United States filed a complaint of forfeiture pursuant to 31 U.S.C. § 5317(c)(2), alleging that the Defendant currency was involved in evading the reporting or recordkeeping requirements imposed by regulation prescribed under Section 21 of the Federal Deposit Insurance Act, and caused or attempted to cause a domestic financial institution to fail to file a report as required in violation of 31 U.S.C. § 5324 (Doc. #1). It appearing that process was fully issued in this action and returned according to law: Pursuant to a Warrant for Arrest In Rem (Doc. #3) issued by this Court, the United States Marshals Service for the Middle District of Alabama seized the Defendant currency on October 1, 2008 (Doc. #5);

On October 3, 2008, a United States Marshal personally served Kimberly L. Brooks with copies of the Verified Complaint for Forfeiture In Rem, Notice of Arrest and Seizure, and Warrant for Arrest In Rem (Doc. #6); On October 15, 2008, Diane Beville accepted service on behalf of her daughter, Pricilla Shree Beville, from a United States Marshal of copies of the Verified Complaint for Forfeiture In Rem, Notice of Arrest and Seizure, and Warrant for Arrest In Rem (Doc. #7); Notice of Civil Forfeiture was posted on an official government internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning on November 4, 2008, and ending December 3, 2008, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims (Doc. #8); That on December 17, 2008, Kimberly L. Brooks, Pricilla Shree Beville and all other persons and entities having an interest in the Defendant currency were defaulted for failure to file a claim within the time permitted by Rule G of the Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims (Doc. #10); and, No other claim or answer has been filed on behalf of any other party. Now, therefore, on motion of the United States for a Decree of Forfeiture and for good cause otherwise shown, it is hereby ORDERED, ADJUDGED and DECREED as follows: The following property is hereby forfeited to the United States, to be disposed of according to law, and no right, title or interest in the Defendant currency shall exist in any other party: Fourteen Thousand One Hundred Fifty Six and 83/100 Dollars ($14,156.83) in United States Currency.

2

Each party will bear its own costs. DONE this the 19th day of December, 2008.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE