USA v. $73,397.57 Seized from Valley Bank & Trust Account #150101819 et al

Filing 22

ORDER granting 21 the United States Motion For Final Order Of Forfeiture. As such, it is FURTHER ORDERED that forfeiture of $73,397.57 Seized from Valley Bank & Trust Account #150101819 and $10,678.12 Seized from Scottrade Account # 21529658 SHALL ENTER IN FAVOR of the United States and the United States SHALL HAVE FULL AND LEGAL TITLE to the defendant property. The United States may dispose of such property in accordance with law and in accordance with the terms and condi tions of the parties Settlement Agreement ECF No. [21- 1]. It is FURTHER ORDERED that the Clerk of Court SHALL ENTER JUDGMENT in this action and that a Certificate of Reasonable Cause, which this Order constitutes, is GRANTED as to all defendant property pursuant to 28 U.S.C. § 2465. by Judge Wiley Y. Daniel on 4/14/2014.(evana, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Wiley Y. Daniel Civil Action No. 13-cv-01755-WYD-CBS UNITED STATES OF AMERICA, Plaintiff, v. $73,397.57 SEIZED FROM VALLEY BANK & TRUST ACCOUNT #150101819, and $10,678.12 SEIZED FROM SCOTTRADE ACCOUNT #21529658, Defendants. ______________________________________________________________________ FINAL ODER OF FORFEITURE ______________________________________________________________________ THIS MATTER is before the Court on the United States’ Motion For Final Order Of Forfeiture [ECF No. 21]. Upon review of the motion, I find that: (1) the United States commenced this action in rem pursuant to 21 U.S.C. § 881; (2) all known parties have been provided with an opportunity to respond and that publication has been effected as required by Supplemental Rule G(4); (3) the United States and claimants Jeffrey Clawson and Carrie Clawson have reached a settlement in this case and have filed a Settlement Agreement [ECF No. 21-1] with the Court resolving all issues in dispute; (4) no other claims to defendant property have been filed; (5) forfeiture of $73,397.57 Seized from Valley Bank & Trust Account #150101819 and $10,678.12 Seized from Scottrade Account #21529658 shall enter in favor of the United States; and, (6) there is cause to issue a forfeiture order under 21 U.S.C. § 881. -1- CONCLUSION After careful consideration of the matter before this Court, it is ORDERED the United States’ Motion For Final Order Of Forfeiture [ECF No. 21] is GRANTED. As such, it is FURTHER ORDERED that forfeiture of $73,397.57 Seized from Valley Bank & Trust Account #150101819 and $10,678.12 Seized from Scottrade Account #21529658 SHALL ENTER IN FAVOR of the United States and the United States SHALL HAVE FULL AND LEGAL TITLE to the defendant property. The United States may dispose of such property in accordance with law and in accordance with the terms and conditions of the parties’ Settlement Agreement [ECF No. 21-1]. It is FURTHER ORDERED that the Clerk of Court SHALL ENTER JUDGMENT in this action and that a Certificate of Reasonable Cause, which this Order constitutes, is GRANTED as to all defendant property pursuant to 28 U.S.C. § 2465. Dated: April 14, 2014. BY THE COURT: /s/ Wiley Y. Daniel Wiley Y. Daniel Senior U. S. District Judge -2-

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