USA v. $5,000.00 in United States currency et al

Filing 12

ORDER Entering Default Judgment and Ordering Forfeiture as to Certain Defendant Assets. GRANTING 11 United States' Motion for Default. By Judge Christine M. Arguello on 10/29/2018. (swest)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 18-cv-01565-CMA
UNITED STATES OF AMERICA,
Plaintiff,
v.
1.
2.
3.
4.
5.
6.

$5,000.00 IN UNITED STATES CURRENCY;
$4,633.00 IN UNITED STATES CURRENCY;
$14,280.00 IN UNITED STATES CURRENCY;
$13,761.00 IN UNITED STATES CURRENCY;
$7,603.00 IN UNITED STATES CURRENCY; and
$24,100.00 IN UNITED STATES CURRENCY,
Defendants.

______________________________________________________________________
ORDER ENTERING DEFAULT JUDGMENT AND ORDERING FORFEITURE AS TO
CERTAIN DEFENDANT ASSETS

THIS MATTER comes before the Court on the United States’ Motion for Default
and Final Order of Forfeiture. (Doc. # 11.) The Court, having reviewed said, Motion
FINDS:
THAT United States commenced this civil forfeiture action, pursuant to 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 Defendants 1–5, the following defendant assets:

$5,000.00 in United States currency; $4,633.00 in United States currency; $14,280.00 in
United States currency; $13,761.00 in United States currency; and $7,603.00 in United
States currency; 1
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 (Doc. ## 6–8);
THAT no claim, answer, or other responsive pleadings has been filed as to the
defendant assets as required by Rule G(5) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions; and
THAT Entry of Default was entered by the Clerk of the Court, (Doc. # 10).
IT IS THEREFORE ORDERED that a default and final order of forfeiture,
including all right, title, and interest is entered for the following Defendant Assets:
a. $5,000.00 in United States currency;
b. $4,633.00 in United States currency;
c. $14,280.00 in United States currency;
d. $13,761.00 in United States currency;
e. $7,603.00 in United States currency; and
IT IS FURTHER ORDERED that the United States shall have full and legal title
as to these Defendant Assets and may dispose of said assets in accordance with law,
and that the Clerk of the Court is directed to enter Judgment as to these Defendant
Assets, as there is no just reason for delay.

1

The sixth Defendant Asset, $24,100.00 in United States currency, is not at issue in this Order.

2

IT IS FURTHER ORDERED that the matter between the United States and the
sixth Defendant Asset, $24,100.00 in United States currency, remains ongoing.

DATED: October 29, 2018

BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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