United States of America v. Currency

Filing 10

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 7/14/14. (SAC )

FILED
2014 Jul-14 PM 02:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
$16,990.00 IN UNITED STATES
CURRENCY,
Defendant.

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CIVIL ACTION NO.
2:14-cv-00911-WMA

MEMORANDUM OPINION
The United States brings this action in rem for forfeiture of
the subject property, which is money alleged to have been furnished
in exchange for a controlled substance in violation of federal law.
A hearing was held on this matter today, July 14, 2014, at 10:30
a.m., at which the government requested by oral motion an entry of
default.
The government’s grounds for default are well-taken.

The

government served notice of this action on four potential claimants
on May 21, 2014.

The potential claimants were required to assert

their interests in the subject property by verified claim no later
than June 25, 2014.
Baltazar-Sanchez,

None did so. One potential claimant, Valencia
filed

a

purported

“Answer

to

the

Verified

Complaint for Forfeiture and Counterclaim for Return of Funds” on
July 7, 2014.

To the extent this paper is intended to assert an

interest in the confiscated property, it suffers fatal procedural
defects. It was submitted thirteen days past the June 25 deadline,
and was not verified.

Despite these procedural defects, the court scheduled today’s
hearing to give claimant Baltazar-Sanchez an opportunity to clarify
his

legal

position,

deadlines,

and

$16,990.

explain

otherwise

his

failure

protect

his

to

interest

meet
in

the
the

claim
seized

A notice of the was served electronically on July 7,

2014, on Baltazar-Sanchez’s counsel.

Neither counsel nor anyone

else appeared at the hearing on Baltazar-Sanchez’s behalf.

It is

a grim irony that, as explained to this court’s courtroom deputy by
telephone, counsel was out of town to attend a seminar on criminal
procedure.
This court is deeply uneasy in granting a default judgment
that results, in short, in the government taking a considerable
amount of money from its citizens without ever making an arrest or
presenting

evidence

of

criminal

conduct

to

a

grand

jury.

Nevertheless, because Baltazar-Sanchez failed properly to assert a
claim to the property, and because he declined to defend his
interest

at

today's

hearing,

the

government’s motion must be granted.

court

concludes

that

the

Judgment by default will

therefore be entered in the government's favor by separate order.
DONE this 14 day of July, 2014.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE