USA v. $13,546.00 in United States Currency et al

Filing 64

FINAL ORDER OF FORFEITURE regarding 63 Motion for Final Order of Forfeiture as to Certain Defendant Properties, by Judge Lewis T. Babcock on 3/1/2016. (ebuch)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02629-LTB-CBS
UNITED STATES OF AMERICA,
Plaintiff,
v.
$13,546.00 IN UNITED STATES CURRENCY;
$449,980.00 IN UNITED STATES CURRENCY;
$6,485.00 IN UNITED STATES CURRENCY;
161 ASSORTED JEWELRY;
$81,820.36 SEIZED FROM WELLS FARGO BANK ACCOUNT # 8175600496;
$1,479.00 IN UNITED STATES CURRENCY;
$10,594.56 SEIZED FROM GREAT WESTERN BANK ACCOUNT # 11398583;
$5,535.68 SEIZED FROM JP MORGAN CHASE BANK ACCOUNT # 452782910;
$142,463.77 IN UNITED STATES CURRENCY;
FIVE ASSORTED WATCHES;
$40,000.00 SEIZED FROM JAMES AND DEBRA LUSTIG;
2010 JEEP WRANGLER; and
2007 HUMMER H3.
Defendants.
______________________________________________________________________
FINAL ORDER OF FORFEITURE AS TO CERTAIN DEFENDANT PROPERTIES
______________________________________________________________________
THIS MATTER comes before the Court on the United States= Motion for Final
Order of Forfeiture as to Certain Defendant Properties, 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);
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THAT, the United States and lienholder GMAC North America reached a
settlement resolving GMAC’s interest as to defendant 2010 Jeep Wrangler.
THAT, the United States and claimant Hector Diaz reached a settlement as to a
portion of defendant $142,463.77 in United States Currency and defendant Five
Assorted Watches, agreeing to forfeit defendant $142,463.77 and returning one of
defendant Five Assorted Watches, more specifically, the Rolex Oyster Sea Dweller
watch, serial number P171493;
THAT Claimants Luis Uribe and Gerardo Uribe, through their plea agreements in
their criminal case, have agreed to the forfeiture of the following assets they claimed an
interest to:
a. $13,546.00 in United States Currency;
b. $449,980.00 in United States Currency;
c. $6,485.00 in United States Currency;
d. $1,479.00 in United States Currency;
e. $142,463.77 in United States Currency;
f. Five Assorted Watches;
g. $40,000.00 seized from James and Debra Lustig;
h. 2010 Jeep Wrangler; and
i.

2007 Hummer H3.

THAT no other claims to the defendant properties identified below have been
filed;
THAT it further appears there is cause to issue a forfeiture order only as to
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defendant assets under 21 U.S.C. § 881 in favor of the United States.
NOW, THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED:
THAT forfeiture of defendant assets shall enter in favor of the United States and
the United States shall have full and legal title to as to the following defendant assets,
and may dispose of defendant asset in accordance with law:
a. $13,546.00 in United States Currency;
b. $449,980.00 in United States Currency;
c. $6,485.00 in United States Currency;
d. $1,479.00 in United States Currency;
e. $142,463.77 in United States Currency;
f. Four of the Five Assorted Watches;
g. $40,000.00 seized from James and Debra Lustig;
h. 2010 Jeep Wrangler; and
i.

2007 Hummer H3.

THAT the Clerk of Court is directed to enter Judgment; and
THAT a Certificate of Reasonable Cause, which this Order constitutes, is granted
as to the defendant property pursuant to 28 U.S.C. ' 2465.
SO ORDERED this

1st

day of

March

, 2016.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK
U.S. District Court Senior Judge

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