United States of America v. The Contents of Bank of America

Filing 28

ORDER OF FORFEITURE entered granting 27 Motion for Entry of Order of Forfeiture. It is ORDERED, ADJUDGED, AND DECREED that defendant $54,711.00 is forfeited to the United States of America for disposition according to law. Signed by Judge Callie V. S. Granade on 3/2/2012. (mab)

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
v.

Plaintiff,

$54,711.00, more or less,
in U.S. currency
Defendant.1

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CIVIL ACTION NO. 10-561-CG-B

ORDER OF FORFEITURE
This matter is before the Court on plaintiff’s Motion for Entry of Order
of Forfeiture (Doc. 27). For cause shown, the Motion is granted.
On August 16, 2011, a redacted complaint for forfeiture in rem was
filed on behalf of the United States against the defendant, $54,711.00, more
or less, in U.S. Currency, alleging it was subject to forfeiture pursuant to 18
U.S.C. § 981(a)(1)(A), as property involved in money laundering transactions
or attempted money laundering transactions, in violation of 18 U.S.C. §§
1956 or 1957, or any property traceable thereto; and/or Title 21 U.S.C.§
881(a)(6), as moneys or other things of value furnished or intended to be
furnished by any person in exchange for a controlled substance and all
proceeds traceable to such an exchange, or moneys intended to be used to
facilitate any violation of the Title 21 of the United States Code or property
The defendant currency was seized from Bank of America bank
accountxxxxxxxx7298, held by EZY INFOTECH USA, Inc.(EZY)
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traceable thereto.
As set forth in plaintiff’s motion and exhibits, on August 17, 2011, the
plaintiff sent a copy of the redacted Complaint and Notice to the known
potential claimant EZY 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 file a motion or answer within 21 days thereafter, in accordance
with Supplemental Rule G(4)(b)(ii)(B) and (C). EZY filed a timely answer on
September 13, 2011, which it subsequently withdrew (doc. 24, 25). EZY did
not file a claim and has waived any right it had to do so. (doc. 24). The
plaintiff and EZY agreed to each bear its owns costs in this action.
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 to October 14, 2011,
as authorized by Supplemental Rule 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, 2011. Supplemental Rule G(5)(ii)(B). No claims, motions or
answers by unknown potential claimants were filed and the time for filing
same has long since expired.
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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 the filing
deadlines have expired.
On October 12, 2010, the Internal Revenue Service seized the
defendant $54,711.00 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 remaining, and there being no remaining issues, final
disposition or 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 $54,711.00, more or less, in U.S. Currency, and the complaint
states a claim upon which relief may be granted.
2.

The defendant $54,711.00 is forfeited to the United States of

America for disposition according to law. A separate Judgment will be
entered.
3.

The plaintiff and EZY are to bear their own costs.

4.

This Order and the accompanying Judgment resolving all
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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 2nd day of March, 2012.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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