United States of America v. $26,319.00, more or less, in U.S. Currency et al

Filing 9

ORDER OF FORFEITURE entered granting 8 Motion for Entry of Order of Forfeiture. Signed by Judge Kristi K. DuBose on 12/23/09. (mca)

THE LINITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

LINITED STATES OF AMERICA.

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526,319.00, MORE OR IN U.S. CURRENCY; ONE TAURUS .40 CALIBER SEMI-AUTOMATIC HANDGUN, SERIAL NO: 52103070; ONE SEMI-AUTOMATIC ,223 CALIBER BUSHMASTER ASSAULT-STYLE RIFLE, SERIAL NO: L415945; .40 CALIBER M&P SEMI-AUTOMATIC HANDGIIN, SERIAL NO: MPA5423 Defendant.

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* CIVI ACTION NO.: 09-00482-KD-B

LESS,

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ONE

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ORDER OF FORFEITURE
This matter is before the Court on plaintiff
s

Motion for Entry of Order of Forfeiture

@oc. B). For cause
On July
30

shown, the Motion is granted.
a

,2009 ,the plaintiff filed

verified Complaint for Forfeiture In Rem against

the defendants, $26,319.00, more ot less, in U.S. currency, one Taurus .40 Caliber Semi-

Automatic Handgun, Serial No: 52103070, one Semi-Automatic .223 Caliber Bushmaster
assault-sty'e rifle, Serial No: L415945, andone .40 caliber M&P semi-automatic handgun,
serial number MPA5423 , (hercinafter "defendants"), to enforce

TitIe2l ,United

States Code,

Sections 88 1(a)(6), and 88 1(a)(1 1).

I

On July 30,2009, in accordance with Supplemental Rule G(4XbXi) and G(a)(iiiXB),

theplaintiff sent a copyofthe Complaint for Civil Forfeiture In Rem, WarrantForArrest and Notice of Forfeiture Action ("Notice") to known potential claimants, Cedric T. Foster,
Daniel Demetric Foster. and G
set forth by the plaintiff in Doc.

Thomas Foster.

_

the undersigned finds that the notice sent by plaintiff to

the known potential claimants satisfies Supplemental Rule G(4XiiiXA).

Any claim by the known potential claimants identified above was due within 35 days
of the date notice was sent and anymotion under Rule 12 or answer was due within 20 days

thereafter. See SupplementalRules G(4XbXC), G(5XiiXA) andG(sXb). As aresult, claims from the Fosters were due on or before September 3,2009, and motions or answers on or before September 23,2009. None of the Fosters has filed a claim, motion or answer and their time to do so has expired.
Supplemental Rule G(4) requires that the government publish notice

of a civil

forfeiture action. Supplemental Rule G(a)(iv)(C) deems internet publication a proper
alternative to newspaper publication. In accordance with Supplemental Rule G(a)(iv)(C),

beginning on September 16,2009, plaintiff published notice on an official government internet forfeiture website at www.forfeiture.gov for 30 consecutive days. Any putative
claimants who received notice via the internet had to file a claim no later than 60 days after the first date of publication; that is, no later than November 76,2009. See Supplemental

Rule G(S)(iiXB). Rule 12 motions or answers were due within 20 days thereafter, on or

before December

7

,2009 . No putative claimants who received notice by internet publication

have filed a timely claim, motion or answer and the deadline to do so has expired.
Supplemental Rule G(sXb).

On October 1, 2009, in accordance with Supplemental Rule G(3Xb) and (3Xc), the U.S. Marshals Service ("USMS") executed the Warrant For Arrest issued by the Clerk
thereby arresting the defendant. As
a

result, the defendant is within the in rem jurisdiction

of the Court enabling it to enter orders regarding its disposition. United States v. All Funds

Distributed to Weiss,345 F. 3d 49, 55 n.7,56 n.8 (2d Cir.2003) (seizure or constructive
control of the property is necessary for the Court to exercise in rem jurisdiction); Ventura
Packers, Inc. v. F/V Kathleen, 424 F. 3d 852, 853 (9'h Cir. 2005) (In rem jurisdiction is
obtained by serving an arrest warrant in rem.).

There are no claims or answers in opposition to forfeiture and the defendants are
subject to forfeiture as set forth in Counts One and Two of the complaint. Therefore, this

action is ripe for final disposition by entry of an order and judgment of forfeiture.

NOW, THEREFORE, the Court having considered the matter and having been
fullyadvisedinthepremises, itis ORDERED, ADJUDGED, AND DECREED
as

follows:

1. 2.

This Court has jurisdiction over the subjectmatter, and the complaint states a

claim upon which relief may be granted.

In accordance with the verified complaint, the defendant, $26,319.00, more

or less, in U.S. cuffency, is ordered to be forfeited to the United States of Americapursuant

to the provisions of Title 2l,United States Code, Section 881(a)(6).

3.

In accordance with the verified complaint, the defendants, one Taurus .40

Caliber Semi-Automatic Handgun. Serial No: S2103070. one Semi-Automatic .223 Caliber Bushmasterassault-stylerifle, SerialNo: L4I5945,andone.40 caliberM&P semi-automatic handgun, serial number MPA5423, are ordered to be forfeited to the United States America pursuant to the provisions of Title 2l,United States Code, Section 881(a)(11).

of

4.

This Order resolving all matters and issues joined in this action, the Clerk of

Court is directed to close this file for administrative and statistical purposes.

DONE and oRDERED tni,

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KRISTI K. DUBOSE LINITED STATES DISTRICT JUDGE