United States of America v. $12,461.00 in United States Currency

Filing 12

CONSENT DECREE of Forfeiture pursuant to the agreement of the parties that $1,100.00 of the defendant currency is directed to be transferred to the United States District Clerk to be applied towards the fine and special assessment imposed by the court in United States v. Jesus Salas, Criminal No. 2:10CR20007-001, and $4,561.00 is to be returned to the claimant through his attorney; further the remaining $6,800.00 in the United States Currency is hereby forfeited to the United States of America to be disposed of according to law. Signed by Honorable Paul K. Holmes, III on March 21, 2011. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION UNITED STATES OF AMERICA v. Case No. 2:10-CV-02081 DEFENDANT PLAINTIFF $12,461.00 in UNITED STATES CURRENCY CONSENT DECREE OF FORFEITURE On against the June 16, 2010, a Verified Complaint of Forfeiture defendant currency was filed on behalf of the plaintiff, United States of America. The complaint alleges that the currency was used or intended to be used in exchange for controlled substances, or was proceeds thereof, and thereby forfeitable pursuant to 21 U.S.C. 881(a)(6). It appearing that process was fully issued in this action and returned according to law: 1. That pursuant to a Warrant of Arrest issued by the Court, the United States Marshal for this district seized said currency on or about June 24, 2010. 2. On July 30, 2010, Jesus Salas' attorney received A claim of ownership was filed on his service via certified mail. behalf on August 16, 2010, and an answer was filed on August 16, 2010. 3. United Notice of said forfeiture action was published on the official website (www.forfeiture.gov) for 30 States' consecutive days beginning June 24, 2010 to July 23, 2010. other claims have been filed. 4. No The defendant property is more particularly described in United States Currency. as $12,461.00 IT IS HEREBY ORDERED, DECREED, and ADJUDGED that: 1. Pursuant to the agreement of the parties, $1,100.00 of the defendant currency is directed to be transferred to the United States District Clerk to be applied towards the fine and special assessment imposed by the Court in United States v. Jesus Salas, Criminal No.2:10CR20007-001, and $4,561.00 is to be returned to the claimant through his attorney. 2. The remaining $6,800.00 in United States currency is hereby forfeited to the United States of America to be disposed of according to law. IT IS SO ORDERED this 21st day of March, 2011. /s/ Paul K. Holmes, III Paul K. Holmes, III United States District Judge APPROVED: ___________________________________ /s/ David R. Ferguson, Assistant U.S. Attorney for Plaintiff, United States of America /s/ James Filyaw, Attorney for Claimant, Jesus Salas

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