United States of America v. The Contents of Wells Fargo Advisers, LLC (formerly Wachovia Securities)

Filing 13

ORDER OF FORFEITURE, Plf's 12 Motion for Final Order & Judgment of Forfeiture is GRANTED as set out. The Clerk is directed to close this file for administrative & statistical purposes. Signed by Judge Callie V. S. Granade on 4/12/2012. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA
Plaintiff,
vs.
$28,900.00, more or less, in U.S.
Currency,
Defendant.1

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CIVIL ACTION NO. 10-00550-CG-B

ORDER OF FORFEITURE
This matter is before the Court on plaintiff’s Motion for Order and Judgment
of Forfeiture (Doc. 12). For cause shown, the Motion is GRANTED.
On August 10, 2011, a redacted verified complaint for forfeiture in rem was
filed on behalf of the United States against the defendant, $28,900.00, more or less
in U.S. Currency, alleging it was subject to forfeiture pursuant to 18 U.S.C. §
981(a)(1)(A), which provides for the forfeiture of any property involved in a
transaction or attempted transaction in violation of the anti-money laundering
provisions of 18 U.S.C. §§ 1956 and 1957 and any property traceable thereto; and/or
21 U.S.C. § 881(a)(6), which subjects to civil forfeiture all money or other things of
value furnished or intended to be furnished by any person in exchange for a
controlled substance in violation of the Controlled Substances Act, all proceeds
traceable to such an exchange, and all money used or intended to be used to
facilitate any violation of the Controlled Substances Act.

1The

defendant $28,900.00 was seized from the Wells Fargo Advisers account ending in 8294
held in the name of Professional Investment Group, S.A. (Professional).

As set forth in plaintiff’s motion and exhibits, on August 10, 2011, the
plaintiff sent a copy of the redacted Complaint and Notice to known potential
claimant, Professional, through its attorney, notifying it of its right to file a claim in
this Court within thirty five (35) days of the date that said notice was sent and to
file a motion or an answer within 21 days thereafter, in accordance with
Supplemental Rule G(4)(b)(ii)(B) and (C). Accordingly, known potential claimant
Professional had until September 14, 2011, to file a claim, and until October 5,
2011, to file a motion or an answer. Professional filed no such claim, motion or
answer.
Notice of this seizure and forfeiture action, of the right of any person claiming
a legal interest in the defendant property to file with the court a claim within 60
days of the first date of publication and a motion or answer within 21 days
thereafter was published on an official government forfeiture internet site at
www.forfeiture.gov from September 15, 2011 through October 14, 2011, as
authorized by Supplemental G(4)(iv)(C). Accordingly, any putative claimant who
received notice from the internet had to file a claim by November 14, 2011, and any
motion or answer within 21 days thereafter, by December 5, 2012. Supplemental
Rule G(5)(ii)(B). No such claims, motions or answers by unknown potential
claimants have been filed and the time for filing same has long since expired.
All identifiable potential claimants have been sent notice. All potential
claimants have had adequate notice and time in which to file a claim, motion or an
answer. No such claims, motions or answers have been filed and the filing
deadlines have expired.

2

On October 13, 2010, the Internal Revenue Service seized the defendant
$28,900.00 pursuant to a Warrant for Arrest, which gave the Court in rem
jurisdiction over it.
With no claims, motions or answers in opposition to the forfeiture of said
defendant, and there being no remaining issues, final disposition of this action is
appropriate at this time.
NOW, THEREFORE, the Court having considered the matter and having
been fully advised in the premises, it is ORDERED, ADJUDGED, and
DECREED as follows:
1. This Court has jurisdiction over the subject matter and the defendant
$28,900.00, more or less, in U.S. Currency, and the complaint states a claim upon
which relief may be granted.
2. The defendant $28,900.00 is forfeited to the plaintiff, United States of
America, for disposition according to law, pursuant to 18 U.S.C. § 981(a)(1)(A) and
21 U.S.C. § 881(a)(6). A separate Judgment will be entered.
3. This Order and the accompanying Judgment 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 this 12th day of April, 2012.

/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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