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
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