USA v. $40,000.00 in United States Currency

Filing 17

FINAL ORDER OF FORFEITURE. 16 Motion for Forfeiture of Property is GRANTED, judgment to enter. by Judge Robert E. Blackburn on 4/5/16.(jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-02237-REB-GPG
UNITED STATES OF AMERICA,
Plaintiff,
v.
$40,000.00 IN UNITED STATES CURRENCY,
Defendant.

FINAL ORDER OF FORFEITURE
Blackburn, J.
The matter is before me on the United States’ Motion for Final Order of
Forfeiture [#16],1 filed April 4, 2016. The court having reviewed said motion finds:
1. That the United States commenced this civil forfeiture action, pursuant to 21
U.S.C. § 881 (see Verified Complaint [#1], filed October 9, 2015);
2. That the facts and verifications 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 the defendant asset;
3. 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 (see
Notice of Complaint for Forfeiture [#5], filed October 13, 2015; Notice of Publication

1

“[#16]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

[#9], filed January 5, 2016);
4. That the United States and Claimant Steven Bertucci, Jr., have reached a
settlement resolving Claimant Bertucci's interest and all issues in dispute as to the
defendant asset, as follows:
a. That $34,000.00 of defendant $40,000.00 in United States Currency
shall be forfeited to the United States; and
b. That $6,000.00 of defendant $40,000.00 in United States Currency
shall be returned to Claimant Steven Bertucci, Jr.; and
5. That no other claims to the defendant asset have been filed.
THEREFORE, IT IS ORDERED as follows:
1. That the United States’ Motion for Final Order of Forfeiture [#16], filed April
4, 2016, is granted;
2. That the United States shall have full and legal title to the $34,000.00 in United
States Currency, and may dispose of it in accordance with law and in accordance with
the terms and provisions of the parties' Settlement Agreement;
3. That the clerk of the court is directed to enter Judgment; and
4. That a Certificate of Reasonable Cause, which this Order constitutes, is
granted as to the $34,000.00 in United States Currency, pursuant to 28 U.S.C. § 2465.
Dated April 5, 2016, at Denver, Colorado.
BY THE COURT:

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