USA v. $782,893.49 In United States Currency

Filing 11

DEFAULT AND FINAL ORDER OF FORFEITURE. By Judge David M. Ebel on 3/7/2012.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02613-DME-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
$782,893.49 IN UNITED STATES CURRENCY,
Defendant.
DEFAULT AND FINAL ORDER OF FORFEITURE

THIS MATTER comes before the Court on the United States' Motion for Default
and Final Order of Forfeiture as to defendant $782,893.49 in United States Currency,
the Court having reviewed said Motion FINDS:
THAT the United States commenced this action in rem pursuant to 18 U.S.C.
§ 981(a)(1)(C);
THAT all known interested parties have been provided an opportunity to respond
and that publication has been effected as required by Rule G(4) of the Supplemental
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions;
THAT after notice, neither potential claimant A Plus Billing, Inc., nor any other
third parties, have filed a Claim or Answer as to defendant $782,893.49 in United States
Currency as required by Rule G(5) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions;

THAT Entry of Default was entered by the Clerk of the Court on January 5, 2012
(Doc. 9);
THAT based upon the facts and verification set forth in the Verified Complaint, it
appears by a preponderance of the evidence that there was reasonable cause for the
seizure of defendant $782,893.49 in United States Currency, and a Certificate of
Reasonable Cause is granted pursuant to 28 U.S.C. § 2465. It further appears that
there is cause to issue a forfeiture order under 18 U.S.C. § 981(a)(1)(C);
THAT the facts and verifications as set forth in the Verified Complaint provide
probable cause and an ample basis by a preponderance of the evidence for a final
Judgment and Order of Forfeiture as to defendant $782,893.49 in United States
Currency;
THAT the Clerk of Court shall be directed to enter Judgment as to defendant
$782,893.49 in United States Currency;
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT default and forfeiture of defendant $782,893.49 in United States Currency,
including all right, title, and interest is hereby entered in favor of the United States
pursuant to 18 U.S.C. § 981(a)(1)(C);
THAT the United States shall have full and legal title as to defendant
$782,893.49 in United States Currency and may dispose of said property in accordance
with law;

2

THAT this Default and Final Order of Forfeiture shall serve as a Certificate of
Reasonable Cause as to defendant $782,893.49 in United States Currency under 28
U.S.C. § 2465; and
THAT the Clerk of Court is directed to enter Judgment as to defendant
$782,893.49 in United States Currency.
SO ORDERED this

7th day of March, 2012.
BY THE COURT:
s/ David M. Ebel
__________________________
DAVID M. EBEL
United States District Court Judge

3