USA v. $10,000.00 in United States Currency
Filing
13
Default and Final Order of Forfeiture by Judge Christine M. Arguello on 9/11/13. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-00631-CMA-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
$10,000.00 IN UNITED STATES CURRENCY,
Defendant.
DEFAULT AND FINAL ORDER OF FORFEITURE
This matter is before the Court on the United States' Motion for Default and Final
Order of Forfeiture (Doc. # 12). 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 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 proper notice, neither the known potential claimant, nor any other
third party, has filed a Claim or Answer as to Defendant $10,000.00 in United States
Currency as required by Rule G(5) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions;
THAT the Clerk’s Entry of Default (Doc. # 11) was entered on September 5,
2013..
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 $10,000.00 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 21 U.S.C. § 881;
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 $10,000.00 in United States Currency;
THAT the Clerk of Court shall be directed to enter Judgment as to Defendant
$10,000.00 in United States Currency;
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT default and forfeiture of Defendant $10,000.00 in United States Currency,
including all right, title, and interest is hereby entered in favor of the United States
pursuant to 21 U.S.C. § 881;
THAT the United States shall have full and legal title as to Defendant $10,000.00
in United States Currency and may dispose of said property in accordance with law;
THAT this Default and Final Order of Forfeiture shall serve as a Certificate
of Reasonable Cause as to Defendant $10,000.00 in United States Currency under
28 U.S.C. § 2465; and
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THAT the Clerk of Court is directed to enter Judgment as to Defendant
$10,000.00 in United States Currency.
SO ORDERED this
11th
day of September, 2013.
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Court Judge
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