United States of America v. $44,867.01 In United States Currency

Filing 11

CONSENT DECREE of Forfeiture as set forth. Signed by Honorable Susan O. Hickey on December 12, 2013. (mll)

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

UNITED STATES OF AMERICA,

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) Civil No. 12-4150
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Plaintiff,
v.

$44,867.01 IN UNITED STATES CURRENCY
Defendant(s)

CONSENT DECREE OF FORFEITURE
On December 18,2013, a verified complaint of Forfeiture was filed on behalf of the
plaintiff, the United States of America, against the Defendant $44,867.01 in United States
Currency. The complaint alleged that the property was involved in, used, or intended to be used
in violation of 31 U.S.C. § 5324 and was forfeitable under 31 U .S.C. § 5317, 18 U.S.C. § 981
and 18 U.S.C. § 984.
1. It appearing that process was fully issued in this action and returned according to
law;
2. The claimant, Virgilio Morales Martinez, after having been personally served in the
above-captioned matter on December 19,2012, filed a verified claim on April 5,
2013;
3. All other claimants were served by publication beginning on December 21,2012,
with publication running for thirty (30) consecutive days on an official Government
internet site (www.forfeiture.gov) as required by Rule G(4)(a)(iv)(C). The Proof of
Publication was filed with this court on March 18,2013;

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4. No other claims have been received within 35 days after written notice was sent or 60
days after the first date of publication. The United States of America took all
reasonable measures to ensure that any other possible claimant received such notice
in a timely fashion. To this date, no individual other than claimant, Virgilio Morales
Martinez, has filed a claim. Therefore, all other possible claimants are in total default
and the United States of America is entitled to a judgment of forfeiture, all without
the necessity of any further notice to any other person or entity;
5. That the claimant, Virgilio Morales Martinez, now wishes to settle fully all claims
pending in the present litigation and withdraw his claim to the Defendant property
pending in the above-captioned matter. The claimant by placing his signature hereto
hereby affirms to this Honorable Court that the Defendant property is forfeitable and
withdraws any and all claims, administrative or otherwise, to the Defendant property;
and
6. That the petitioner, the United States of America, represents to this Honorable Court
that the forfeiture of this Defendant property should, in equity, be applied to the
forfeiture of $80,000.00 in companion criminal cases pending against Martinez Auto
Sales and Virgilio Martinez.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
A.

The United States of America is hereby given ajudgment of forfeiture against the

Defendant property described below:

$44,867.01 in UNITED STATES CURRENCY;
and against the interest therein of Virgilio Morales Martinez, and any and all other
persons or entities having or claiming an interest in the defendant property;

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B.

Title to the defendant property is hereby vested in the United States of America

and any administrative claims or interests therein of any persons or entities, including Virgilio
Morales Martinez, are hereby cancelled;
C.

The Defendant property is referred to the custody to the Department of Treasury

for disposition in accordance with law and regulations;
D.

Each side shall be responsible for their own fees and costs incurred in the

litigation of this matter.
IT IS SO ORDERED this

11- day of Lk..~013.

Approved as to Form and Content:

n Wulff, Assistant U.S. Attorney

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D~v'a Graham, Attorney for claimant

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