USA v. $374,859.00 In United States Currency et al

Filing 45

AMENDED FINAL ORDER OF FORFEITURE AS TO DEFENDANT 2003 VOLVO XC90. by Judge R. Brooke Jackson on 11/26/2013.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02768-RBJ-KLM
UNITED STATES OF AMERICA,
Plaintiff,
v.
$374,859.00 IN UNITED STATES CURRENCY, and
2003 Volvo XC90, VIN YV1CZ91H731006981,
Defendants.
______________________________________________________________________
AMENDED FINAL ORDER OF FORFEITURE AS TO
DEFENDANT 2003 VOLVO XC90, VIN YV1CZ91H731006981
_____________________________________________________________________
THIS MATTER comes before the Court on the United States’ Unopposed Motion
for Amended Final Order of Forfeiture as to defendant 2003 Volvo XC90, 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 Derek Little, through Ariel Benjamin, Esq., has filed a
Verified Statement in Interest and Answer to the Verified Complaint;
THAT a Final Order of Forfeiture was entered in this matter on October 22, 2012;
THAT the October 22, 2012, Final Order of Forfeiture will remain in full force and
effect as to defendant $374,859.00 in United States Currency;
THAT the United States and sole claimant Derek Little, through Ariel Benjamin,
1

Esq., have reached a new settlement as to defendant 2003 Volvo XC90, and have filed
an Amended 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 Derek Little agrees to forfeit
defendant 2003 Volvo XC90 to the United States pursuant to 21 U.S.C. § 881;
THAT upon agreement of the parties, the United States will sell defendant 2003
Volvo XC90, and return to claimant Derek Little, any net proceeds from the sale after all
government costs associated with storage and sale of the vehicle have been paid;
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 defendant 2003 Volvo XC90 is hereby entered in
favor of the United States; 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 defendant 2003 Volvo XC90 pursuant to 28 U.S.C. § 2465.
SO ORDERED this 26th day of November, 2013.
BY THE COURT:

______________________________
R. BROOKE JACKSON
United States District Court Judge

2