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

Filing 71

First MOTION for Forfeiture of Property All Funds Seized From Golden Panda Ad Builder Accounts by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Cowden, William)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, ) ) ) v. ) ) $2,282,999.72 SEIZED FROM ACCOUNT ) #334011130192 AT BANK OF AMERICA, ) IN THE NAME OF CLARENCE ) BUSBY JR. AND DAWN STOWERS, ) DBA GOLDEN PANDA AD BUILDER ) DEPOSIT ACCOUNT; ) ) $1,112,978.42 SEIZED FROM ACCOUNT ) #334011130200 AT BANK OF AMERICA, ) IN THE NAME OF CLARENCE ) BUSBY JR. AND DAWN STOWERS, ) DBA GOLDEN PANDA AD BUILDER ) OPERATING ACCOUNT; ) ) $1,642,039.08 SEIZED FROM ACCOUNT ) #334015765704 AT BANK OF AMERICA, ) IN THE NAME OF CLARENCE ) BUSBY JR. AND DAWN STOWERS, ) DBA GOLDEN PANDA AD BUILDER ) CASHOUT ACCOUNT; ) ) $6,000,000.00 SEIZED FROM ACCOUNT ) #91000113401039 AT BANK OF ) AMERICA, IN THE NAME OF GOLDEN ) PANDA AD BUILDER; AND ) ) $3,007,580.85 SEIZED FROM ACCOUNT ) #91000113404188 AT BANK OF ) AMERICA, IN THE NAME OF GOLDEN ) PANDA AD BUILDER, ) Defendants. ) _______________________________________) Civil Action No.: 08-cv-01345 (RMC) ORDER OF FORFEITURE

ORDER OF FORFEITURE On August 5, 2008, a Verified Complaint for Forfeiture In Rem was filed by the plaintiff,

United States of America, against the above-identified in rem defendants and other properties. The Complaint sought to enforce the provisions of 18 U.S.C. § 981(a)(1)(A), which provides for the forfeiture of any property involved in a transaction or attempted transaction in violation of 18. U.S.C. §§ 1956 and 1957, or any property traceable to such property. The Complaint also sought to enforce the provision of 18. U.S.C. § 981(a)(1)(C), which provides for the forfeiture of property which constitutes or is derived from proceeds traceable to a violation of any offense constituting "specified unlawful activity" or a conspiracy to commit such offense. It appearing that process was fully issued in this action with respect to the above-listed five (5) defendant properties and returned according to law; That pursuant to a Warrant of Arrest in Rem issued by this Court, agents of the United States Department of Treasury served these five (5) defendant properties on August 22, 2008 and October 30, 2008; That on May 15, 2009, the Clerk of this Court entered a Default for failure to file or to maintain any claims with respect to these five (5) defendant properties identified above within the time permitted by 18 U.S.C. § 983(a)(4)(a) and Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions; That no defense to the forfeiture of these five (5) defendant properties remains interposed; and that a basis for their forfeiture exists as set forth in the Complaint; Now, therefore, on motion of the plaintiff, the United States of America, for Default Judgment and Order of Forfeiture against these particular defendant properties, it is hereby ORDERED, ADJUDGED, AND DECREED that the default of all persons interested in the five (5) properties identified as: -2-

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$2,282,999.72 SEIZED FROM ACCOUNT #334011130192 AT BANK OF AMERICA, IN THE NAME OF CLARENCE BUSBY JR. AND DAWN STOWERS, DBA GOLDEN PANDA AD BUILDER DEPOSIT ACCOUNT; $1,112,978.42 SEIZED FROM ACCOUNT #334011130200 AT BANK OF AMERICA, IN THE NAME OF CLARENCE BUSBY JR. AND DAWN STOWERS, DBA GOLDEN PANDA AD BUILDER OPERATING ACCOUNT; $1,642,039.08 SEIZED FROM ACCOUNT #334015765704 AT BANK OF AMERICA, IN THE NAME OF CLARENCE BUSBY JR. AND DAWN STOWERS, DBA GOLDEN PANDA AD BUILDER CASHOUT ACCOUNT; $6,000,000.00 SEIZED FROM ACCOUNT #91000113401039 AT BANK OF AMERICA, IN THE NAME OF GOLDEN PANDA AD BUILDER; and $3,007,580.85 SEIZED FROM ACCOUNT #91000113404188 AT BANK OF AMERICA, IN THE NAME OF GOLDEN PANDA AD BUILDER

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be entered and that no right, title, or interest in these five (5) in rem defendant properties shall exist in any other party, and that the said five (5) defendant properties, totaling $14,048,598.07 in United States currency, be and HEREBY ARE FORFEITED TO THE UNITED STATES OF AMERICA to be disposed of in accordance with law. The Clerk is hereby directed to send three (3) certified copies of this Order of Forfeiture to plaintiff's counsel of record. Dated this day of , 2009.

ROSEMARY M. COLLYER United States District Judge

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