USA v. $921.00 in United States Currency et al

Filing 37

ORDER granting 34 Motion for Default Judgment and final order of forfeiture, by Judge Raymond P. Moore on 4/3/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 13–cv–01481–RM–KMT
UNITED STATES OF AMERICA,
Plaintiff,
v.
$921.00 IN UNITED STATES CURRENCY, and
$5,165.00 IN UNITED STATES CURRENCY,
Defendants.
______________________________________________________________________________
ORDER GRANTING MOTION FOR DEFAULT AND
FINAL ORDER OF FORFEITURE (ECF NO. 34)
______________________________________________________________________________
THIS MATTER is before the Court on the United States’ Motion for Default and Final
Order of Forfeiture (“Motion”) (ECF NO. 34) as to defendants $921.00 and $5,165.00 in United
States Currency. The Court having reviewed the unopposed Motion, the applicable law, and
being otherwise fully advised, FINDS and CONCLUDES:
THAT by the filing of a Verified Complaint the United States commenced this action in
rem pursuant to 21 U.S.C. § 881;
THAT all known interested parties have been provided written notice of and an
opportunity to respond to the Verified Complaint (ECF Nos. 9, 13, 15 & 27);
THAT notice of the action was published as required by Rule G(4) of the Supplemental
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (ECF No. 11);

THAT, after proper notice, neither the known potential claimant, nor any other third
party, has filed a claim, answer, or other responsive document as to defendants $921.00 and
$5,165.00 in United States Currency as required by Rule G(5) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions, and the time for doing so has
expired;
THAT defendants are $921.00 and $5,165.00 in United States Currency, in rem, and are
not an infant, incompetent person, officer or agency of the United States or the State of
Colorado, or in the military service;
THAT the Clerk entered default pursuant to Fed.R.Civ.P. 55(a) on February 14, 2014
(Doc. 33);
THAT based upon the unrefuted 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 defendants $921.00 and $5,165.00 in United States Currency, and a Certificate of
Reasonable Cause should be 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 unrefuted 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 defendants $921.00 and $5,165.00 in United States Currency; and
THAT the Clerk of Court shall be directed to enter Judgment as to defendants $921.00
and $5,165.00 in United States Currency.

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THEREFORE, IT IS ORDERED as follows:
THAT default and forfeiture of defendants $921.00 and $5,165.00 in United States
Currency, including all right, title, and interest, are 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 defendants $921.00 and
$5,165.00 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 defendants $921.00 and $5,165.00 in United States Currency under 28
U.S.C. § 2465; and
THAT the Clerk of Court is directed to enter Judgment as to defendants $921.00 and
$5,165.00 in United States Currency.
DATED this 3rd day of April, 2014.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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