USA v. $23,700.00 in United States Currency

Filing 69

ORDER re 68 the United States Unopposed Motion for Final Order of Forfeiture.IT IS ORDERED, DECREED AND ADJUDGED: THAT judgment of forfeiture of $12,700.00 of Defendant $23,700.00 in United States Currency shall enter in favor of the Unit ed States; the United States shall have full and legal title to the forfeited $12,700.00, and may dispose of it in accordance with law and in accordance with the terms and provisions of the parties SettlementAgreement by Judge Christine M. Arguello on 9/14/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 09-cv-01560-CMA-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
$23,700.00 IN UNITED STATES CURRENCY,
Defendant.

FINAL ORDER OF FORFEITURE

This matter is before the Court on the United States’ Unopposed Motion for Final
Order of Forfeiture (Doc. # 68). 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 Afshin Abbasi has filed a Verified Statement in Interest and
Answer to the Verified Complaint;
THAT the United States and sole claimant Afshin Abbasi through Ariel Benjamin,
Esq., have reached a settlement in this case, and have filed a Settlement Agreement
with the Court resolving all issues in dispute;

THAT no other claims to the Defendant property have been filed;
THAT upon agreement of the parties, claimant Afshin Abbasi agrees to forfeit
$12,700.00 of Defendant $23,700.00 in United States Currency, which funds will be
forfeited pursuant to 21 U.S.C. § 881 and disposed of in accordance with law;
THAT upon agreement of the parties, the United States has agreed to return to
claimant Afshin Abbasi, the remaining $11,000.00 of Defendant $23,700.00 in United
States Currency;
THAT the facts and verification as set forth in the Verified Complaint provide
probable cause and an ample basis for a judgment and order of forfeiture of Defendant
properties under 21 U.S.C. § 881.
NOW, THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED:
THAT judgment of forfeiture of $12,700.00 of Defendant $23,700.00 in United
States Currency shall enter in favor of the United States; the United States shall have
full and legal title to the forfeited $12,700.00, and may dispose of it in accordance with
law and in accordance with the terms and provisions of the parties’ Settlement
Agreement;
THAT a Certificate of Reasonable Cause, which this Order constitutes, is granted
as to all of Defendant $23,700.00 in United States Currency pursuant to 28 U.S.C.
§ 2465; and

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THAT the Clerk of Court is directed to enter Judgment pursuant to Rule 58(a) of
the Federal Rules of Civil Procedure.
SO ORDERED this

14th

day of September, 2011.
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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