UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Filing 163

ORDER TO SHOW CAUSE. On or before December 20, 2009, potential claimant(s) shall SHOW CAUSE in writing why the Court should not grant Plaintiffs Motion for Entry of Default Judgment and Judgment of Forfeiture against the eleven remaining Defendant properties, including a real property located in Quincy, Florida, and the funds in ten Bank of America bank accounts. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 11/20/09. (lcrmc1)

UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Doc. 163

Case 1:08-cv-01345-RMC Document 163

Filed 11/20/09 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES OF AMERICA, Plaintiff, v. 8 GILCREASE LANE, QUINCY FLORIDA 32351, et al., Defendants.

Civil Action No. 08-1345 (RMC)

ORDER TO SHOW CAUSE On August 5, 2008, Plaintiff United States of America filed a Verified Complaint for Forfeiture In Rem against the defendants, certain real properties located in Quincy, Florida and Myrtle Beach, South Carolina, and personal properties consisting of approximately $53 million in funds from Bank of America accounts. See Compl. ¶¶ 4-5. The United States seized the funds in the Bank of America accounts pursuant to warrants for arrest in rem issued by the United States District Court for the District of Columbia. Id. ¶ 5. Prior to their seizure, these funds were under the control of operators of Ad Surf Daily ("ASD") and Golden Panda Ad Builder, including Thomas A. Bowdoin, Jr. See id. Eight of the ten defendant bank accounts were properly served with a "Notice of Complaint" and a copy of the verified complaint on October 30, 2008, and the remaining two were served on April 17, 2009. See Dkt. # 68, Exs. 2-5. The defendant real property located in Quincy, Florida, was served on April 20, 2009. See id., Ex. 1. The Government decided not to seek forfeiture against the real property located in Myrtle Beach, South Carolina, and that property was

Dockets.Justia.com

Case 1:08-cv-01345-RMC Document 163

Filed 11/20/09 Page 2 of 3

dismissed from the case on November 20, 2009. See Dkt. # 162. Additionally, a notice of seizure/forfeiture was published on http://www.forfeiture.gov on November 15, 2008, for 30 consecutive days, pursuant to Rule G(4)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Civil Rules of Procedure. See Aff. in Supp. of Default [Dkt. # 158] at 5 n.3. On August 15, 2008, Thomas A. Bowdoin, Jr., and Bowdoin/Harris Enterprises, Inc., filed verified claims for the Defendant real properties and funds seized by the Government. See Dkt. # 6. ASD separately filed a verified claim for the money from the Bank of America accounts. See Mot. for Return of Seized Funds [Dkt. # 7]. Thereafter, Mr. Bowdoin, Bowdoin/Harris Enterprises, and ASD filed a Motion for Leave to Withdraw Claims, Release of Claims to Seized Property and Consent to Forfeiture. See Dkt. # 39. By Order issued on January 22, 2009, the Court granted the Claimants' motion and held that "Claimants' claims [Dkt. # 6] are deemed withdrawn." Order [Dkt. # 41] at 2. Mr. Bowdoin later decided he wished to pursue his claims after all; however, on November 10, 2009, finding that he knowingly and voluntarily released his claims with respect to Defendant properties, the Court denied his motion to renew those claims. See Dkt. ## 157 & 156. No other party has filed a claim or pleading to challenge the forfeiture of the defendant properties, and the time for filing a claim has expired. See 18 U.S.C. § 983(a)(4)(A) (claims due within 30 days after service of government's complaint or completion of publication notice); Rule G(5)(a)(ii)(B) of Suppl. R. for Admiralty or Maritime Claims and Asset Forfeiture Actions (verified claim must be filed no later than 60 days after the first day of publication on an official internet government forfeiture site). -2-

Case 1:08-cv-01345-RMC Document 163

Filed 11/20/09 Page 3 of 3

As a result, upon affidavit of the Government, the Clerk of this Court entered default against the eleven remaining Defendant properties on November 16, 2009. On November 17, 2009, Plaintiff filed a motion for entry of default judgment. See Dkt. # 161. Accordingly, it is hereby ORDERED that on or before December 20, 2009, potential claimant(s) shall SHOW CAUSE in writing why the Court should not grant Plaintiff's Motion for Entry of Default Judgment and Judgment of Forfeiture against the eleven remaining Defendant properties, including a real property located in Quincy, Florida, and the funds in ten Bank of America bank accounts. SO ORDERED.

Date: November 20, 2009

/s/ ROSEMARY M. COLLYER United States District Judge

-3-