USA v. 94 Sliver Bars Weighing 1840 Ounces et al

Filing 52

FINAL ORDER granting 51 the United States Unopposed Motion for FinalOrder of Forfeiture by Judge Christine M. Arguello on 6/29/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 09-cv-01085-CMA
UNITED STATES OF AMERICA,
Plaintiff,
v.
94 SILVER BARS WEIGHING 1840 OUNCES,
$20,767.00 IN UNITED STATES CURRENCY,
$18,060.00 IN UNITED STATES CURRENCY,
$4,000.00 IN UNITED STATES CURRENCY,
$1,580.00 IN UNITED STATES CURRENCY,
ONE YELLOW AND WHITE ROLEX WATCH, and
70 TROY SILVER COINS,
Defendants.

FINAL ORDER OF FORFEITURE

This matter is before the Court on the United States’ Unopposed Motion for Final
Order of Forfeiture (Doc. # 51). The Court having reviewed said Motion, FINDS:
THAT the United States commenced this action in rem pursuant to 21 U.S.C.
§ 881;
THAT all known parties have been provided with an opportunity to respond and
that publication has been effected as required by Supplemental Rule G(4);
THAT sole claimant James Hanley, through the law firm of Harvey Steinberg,
Esq., has filed a Verified Statement of Interest and Answer to the Verified Complaint;

THAT the United States and sole claimant James Hanley, through Harvey
Steinberg, Esq., have reached a settlement in this case, and have filed a Settlement
Agreement with the Court resolving all issues in dispute (Doc. # 50);
THAT no other claims to the defendant property have been filed;
THAT upon agreement of the parties, claimant James Hanley agrees to forfeit
the following Defendant Property, which shall be forfeited to the United States pursuant
to 21 U.S.C. § 881, and disposed of in accordance with law and the terms of the parties’
Settlement Agreement:
i.
ii.
iii.
iv.
v.

94 Silver Bars Weighing 1840 Ounces;
$18,060.00 in United States Currency;
$4,000.00 in United States Currency;
$1,580.00 in United States Currency; and
70 Troy Silver Coins.

THAT upon agreement of the parties, the United States has agreed to return to
claimant James Hanley, Defendants $20,767.00 in United States Currency and One
Yellow and White Rolex Watch;
THAT it further appears there is cause to issue a forfeiture order under 21 U.S.C.
§ 881.
NOW, THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED:
THAT judgment of forfeiture of the following Defendant Property shall enter in
favor of the United States:
i.
ii.
iii.
iv.
v.

94 Silver Bars Weighing 1840 Ounces;
$18,060.00 in United States Currency;
$4,000.00 in United States Currency;
$1,580.00 in United States Currency; and
70 Troy Silver Coins;
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THAT the United States shall have full and legal title to the forfeited property
and may dispose of it in accordance with law and in accordance with the terms and
provisions of the parties’ Settlement Agreement; and
THAT a Certificate of Reasonable Cause, which this Order constitutes, is granted
as to all Defendant Properties, pursuant to 28 U.S.C. § 2465.
SO ORDERED this 29th day of June, 2011.
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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