United States of America v. $33,585.00 in United States Currency

Filing 11

CONSENT DECREE of Forfeiture as set forth. Signed by Honorable P. K. Holmes, III on October 21, 2011. (rw)

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/ESTERN
IN THE WESTERN DISTRICT OF ARKANSAS

WESTERN
DISTRICTOF ARKANSAS
FORTSMITH DIVISION

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CLIHK
CHRIS JOHNStr{,
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DEPI'fYCN-ERK

L]NITEDSTATES AMERICA,
OF
Plaintiff.
v.

CivilNo. I l-2087

in
$33,585.00 UNITEDSTATES
CURRENCY,
Defendant.

CONSENTDECREE OF FORFEITURE
OnMay 7,201l, a VerifiedComplaint Forfeiture filed on behalf theplaintiff,
of
was
of
UnitedStates America,against defendant
of
the
currency.Thecomplaintalleges thecurrency
that
wasused intended beused exchange controlled
or
to
in
for
substances violationof 2l U.S.C.$$
in
801et seqandis thereby
g
pursuant 2l U.S.C. 881(aXd).
forfeitable
to
It appearing process fully issued thisactionandreturned
that
was
in
according law:
to
l. Thatpursuant a Warrant Arrestissued theCourt, UnitedStates
to
of
by
the
Marshal
for thisdistrictseized
saidcurrency June7,2001.
on
2. On June14,2011,attorney
Shannon
Blatt accepted
service her client,Lamar
for
Roberts. verified claimof ownerandanswer
A
werefiled on his behalfon June30,201I
3. On July22,20ll, Marcos
Mondragon-Barron
received
service
viacertified
mail. No
claimnor answer
havebeenfiled on his behalf.
4. On July 25,2011,Edgar
Cruzreceived
service certified
via
mail. No claimnor
answer
havebeen
filed on his behalf.

5. Noticeof saidforfeiture
action
waspublished theUnitedStates'official
on
website
(www.forfeiture.gov) 30 consecutive beginning
for
days
May 18,2011,through
June16,201l, as
required RuleG(aXaXiv)(C) the Supplemental
by
of
Rulesfor admiralty MaritimeClaimsand
or
Asset
Forfeiture
Actions, evidenced theAdvertisement
as
by
Certification
Report,
marked
Exhibit
ilB.rl

propertyis moreparticularlydescribed $33,585.00 United States
6. The defendant
as
in

Currency.
IT IS HEREBYORDERED,
DECREED, ADJUDGED
and
that:
l. Pursuant theagreement theparties,
to
of
$18,471.75 thedefendant
of
cunency to
is
be returned the claimanto
to
LamarRoberts,throughhis attorney.
2. Theremaining I 5,I I 3.25in UnitedStates
$
currency hereby
is
forfeited theUnited
to
States America be disposed according law afterdeducting costs this action.
of
to
of
to
its
of
3. Pursuant 28 U.S.C.$ 2465,reasonable
to
cause
existedfor the seizure the
of
defendant
currency.
IT IS SOORDERED f{lday
this

of October,
2011.

pr ,tk^-- E

APPROVED:
/s/David R. Ferquson
David R. Ferguson,
AssistantUnited States
Attorneyfor Plaintiff, United of America

/s/Shannon
Blatt
Shannon
Blatt, Attomey for Claimant,
Lamar Roberts

HONORABLE
P.K.HOLMES.
III
UNITEDSTATESDISTRICT
JUDGE