United States of America v. $23,000.00, more or less, in U.S. Currency
ORDER OF FORFEITURE, Plf's 29 Motion for Entry of Final Order of Forfeiture is GRANTED as set out. Dft $23,000.00 is forfeited to the USA for disposition as set out. Plfs & Claimants Harry G. Cooper & Gail A. Cooper are to bear their own costs. The Clerk is directed to close this file as set out. Signed by Chief Judge William H. Steele on 10/17/2012. (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA
$23,000.00, more or less, in U.S. Currency,
* CIVIL ACTION NO. 11-0676-CG-C
ORDER OF FORFEITURE
This matter is before the Court on plaintiff=s Motion for Entry of Order of Forfeiture
(Doc. 29). For cause shown, the Motion is GRANTED.
On December 1, 2011, a verified complaint for forfeiture in rem was filed on behalf of
the United States against the defendant, $23,000.00, more or less, in U.S. Currency, alleging it
subject to forfeiture pursuant to 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 traceable thereto.
Claimants Harry G. Cooper and Gail A. Cooper through their attorney filed a timely
claim and answer which they subsequently withdrew on September 27, 2012.
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 December 3, 2011 to January 1,
2012, 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 February 1, 2012, and any motion or
answer within 21 days thereafter by February 22, 2012. 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.
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 unresolved
claims, motions, or answers have been filed and the filing deadlines have expired.
On December 6, 2011, the United States Marshal Service seized the defendant,
$23,000.00, pursuant to a Warrant for Arrest, which gave the Court in rem jurisdiction over it.
With no claims in opposition to the forfeiture of said defendant remaining, 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
$23,000.00, more or less, in U. S. Currency, and the complaint states a claim upon which relief
may be granted.
2. The defendant $23,000.00 is forfeited to the United States of America for disposition
according to law pursuant to 21 U.S.C. § 881(a)(6). A separate Judgment will be entered.
3. The plaintiff and claimants Harry G. Cooper and Gail A. Cooper are to bear their own
4. 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
DONE and ORDERED this 17th day of October, 2012.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE
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