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

Filing 41

ORDER granting 39 Motion for Leave to Withdraw Claims, Release of Claims to Seized Property and Consent to Forfeiture; and granting 40 Plaintiff's Motion to Vacate the Initial Scheduling Conference that was set for January 30, 2009; the Initial Scheduling Conference that was set for January 30, 2009 is vacated. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 1/22/09. (lcrmc1)

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

Doc. 41

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

UNITED STATES OF AMERICA, Plaintiff, v. 8 GILCREASE LANE, QUINCY FLORIDA 32351, et al., Defendants, and ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR., AND BOWDOIN/HARRIS ENTERPRISES, INC., Claimants.

Civil Action No. 08-1345 (RMC)

ORDER This matter comes before the Court on a Motion for Leave to Withdraw Claims, Release of Claims to Seized Property and Consent to Forfeiture by AdSurfDaily, Inc. ("ASD"), Thomas A. Bowdoin, Jr., and Bowdoin/Harris Enterprises, Inc. (collectively, the "Claimants"). See Dkt. # 39. 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.

Dockets.Justia.com

On August 15, 2008, the Claimants filed verified claims for the defendant real properties and Bank of America funds that the Government seized.1 See Verified Claims of Claimants [Dkt. # 6]. On August 18, 2008, Claimants filed an Emergency Motion for Return of Seized Funds and Motion to Dismiss the Complaint. See Dkt. # 7. After holding a two-day evidentiary hearing and reviewing the evidence, the Court issued a Memorandum Opinion and Order on November 19, 2008 denying the Emergency Motion for Return of Seized Funds and the Motion to Dismiss, and directing Claimants to file an answer by December 15, 2008. See Dkt. ## 35 & 36. The Claimants filed their Answer on December 15, 2008. See Dkt. # 37. Then, on January 13, 2009, Claimants filed a Motion for Leave to Withdraw their Claims to the Seized Property and Consent to Forfeiture. See Dkt. # 39. In this Motion, Claimants seek leave to (1) withdraw and release with prejudice the verified claims they filed in this civil forfeiture action; and (2) consent to the forfeiture of the properties for which they have asserted claims. See id. The Government does not oppose this Motion. See Pl.'s Notice of Consent to Cls.' "Mot. to Withdraw Cls. & Consent to Forfeiture" [Dkt. # 40]. Accordingly, it is hereby ORDERED that Claimants' Motion for Leave to Withdraw Claims, Release of Claims to Seized Property and Consent to Forfeiture [Dkt. # 39] is GRANTED; Claimants' claims [Dkt. # 6] are deemed withdrawn; and it is FURTHER ORDERED that the Initial Scheduling Conference that was set for Bowdoin/Harris Enterprises, Inc. submitted a verified claim to the real property in Quincy, Florida; ASD submitted a claim to the funds held in the Bank of America accounts; and Mr. Bowdoin also submitted a claim to the funds held in the Bank of America accounts, declaring that the accounts were opened in his name but were owned by ASD and were treated as corporate assets. -21

January 30, 2009 is VACATED. SO ORDERED.

Date: January 22, 2009

/s/ ROSEMARY M. COLLYER United States District Judge

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