United States of America v. Real Property, Including all improvements thereon and appurtenances thereto, located at 11657 Renaissance View Court, Tampa, Florida

Filing 27

DEFAULT JUDGMENT OF FORFEITURE: Order granting 26 Motion for Default Judgment. Clerk shall close the file. Signed by Judge James S. Moody, Jr on 5/23/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 8:13-cv-359-T-30TBM

REAL PROPERTY, INCLUDING
ALL IMPROVEMENTS THEREON
AND APPURTENANCES THERETO,
LOCATED AT 11657 RENAISSANCE
VIEW COURT, TAMPA, FLORIDA,
Defendant.
___________________________________/

DEFAULT JUDGMENT OF FORFEITURE
THIS CAUSE comes before the Court upon the United States’ Motion for
entry of a Default Judgment of Forfeiture (Doc. 26) for 357,450.89 in Substitute Res
representing 11657 Renaissance View Court, Tampa, Florida (Defendant Property),
pursuant to Fed. R. Civ. P. Rule 55(b)(2), and Local Rule 7.03(i)(1).
Being fully advised of the relevant facts, the Court hereby finds that:
On February 7, 2013, the United States filed a Verified Complaint for
Forfeiture in Rem seeking judicial forfeiture of the Defendant Property, pursuant to
18 U.S.C. § 981(a)(1)(C), because the Defendant Property was purchased with
proceeds traceable to "specified unlawful activit[ies]," as that term is defined in 18
U.S.C. § 1956(c)(7). Specifically, the Defendant Property was purchased with the
proceeds of mail, wire, and health care fraud, committed in violation of 18 U.S.C. §§

1341, 1343, 1347, respectively. The action was also brought, pursuant to 18 U.S.C.
§ 981(a)(1)(A), because the financial transactions conducted to purchase the
Defendant Property were designed to conceal and disguise the nature, location,
source, control, and ownership of the criminal proceeds used to purchase the
property, in violation of 18 U.S.C. § 1956(a)(1)(B)(i). Doc. 1.
The United States also filed a motion, pursuant to 18 U.S.C. §983(j)(1), for
a protective order to secure, maintain and preserve the availability for forfeiture of
the Defendant Property. Doc. 2. The motion explained that the owners of the
Defendant Property had fled the country and were attempting to sell the Defendant
Property, which would allow them to take the proceeds of their criminal activity
outside the jurisdiction of this Court. The United States asked for a Court order that,
among other things, prevented any sale of the Defendant Property unless (a) the
government approved all terms of the sale, including but not limited to the terms
listed in the HUD-1, and (b) the net proceeds were immediately deposited into an
account held in the custody and control of the United States Marshals Service so
that they can be preserved as substitute res.
The Court granted the United States’ motion and issued a protective order
that included the provisions mentioned above. Doc. 6. Then, on May 15, 2013, the
Defendant Property was sold pursuant to terms approved by the United States, and,
thereafter, the net proceeds of that sale—357,450.89 (Substitute Res)—were

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deposited into a designated USMS account pending resolution of the case. The
United States now seeks forfeiture of the Substitute Res.
On February 16, 2013, the United States commenced publication of the
above-referenced civil forfeiture action on its official website, www.forfeiture.gov, for
a period of 30 consecutive days, through and including March 17, 2013, as required
by Supplemental Rule G(4)(a)(i) & (iv)(C) of the Supplemental Rules for Admiralty
or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure
(Rule G). Doc. 8.
On February 14, 2013, in accordance with the requirements of Rule G(4)(b),
the United States also sent proper notice of the civil in rem case to all potential
claimants. The packages were sent both via certified United States mail and via first
class mail, and included: (1) a Notice of Complaint for Forfeiture in Rem; (2) the
Verified Complaint for Forfeiture in Rem; (3) Acknowledgment of Receipt of Notice
of Verified Complaint; (4) the Notice of Designation Under Local Rule 3.05; and (5)
a self-addressed, stamped envelope.

The Notice of Forfeiture directed the

recipients to file a Statement of Right or Interest with the Clerk of Court within 35
days after receipt of the notice.
The Notice of Forfeiture specifically advised the recipients that, in order to
contest the United States’ civil forfeiture complaint, an individual was required to: (a)
file a Statement of Right or Interest within 35 days after receipt of the notice; and (b)
file an Answer within 21 days after filing the Statement of Right or Interest. The

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notice further instructed the potential claimants to file their Statement of Right or
Interest and Answer with the Office of the Clerk, United States District Court, Sam
Gibbons Federal Courthouse, 2nd Floor, 801 North Florida Avenue, Tampa, Florida
33602. Finally, the notice advised that the “[f]ailure to follow the requirements set
forth above may result in judgment by default taken against you for relief demanded
in the Complaint. You may wish to seek legal advice to protect your interests.”
On April 19, 2013, pursuant to the United States’ Motion, the Clerk properly
entered a Default for Aramys Diaz, Yairis Diaz, Louis Oscar Sherwood, Florida Trust
Investment, LLC., Mandolin Reserve Homeowners Association, Complete Medical
Therapy Services, Inc., and A & Y Professional Services, LLC as to the Defendant
Property. Docs. 16-22.
Amores Property Investment, LLC filed a Verified Claim to the Property (Doc.
9), but later withdrew the claim (Doc. 23). The Hillsborough County Tax Collector
also filed a Verified Claim to the Defendant Property (Doc. 12), regarding which the
Tax Collector and United States entered into a stipulated settlement agreement
(Doc. 14).
The United States has fulfilled its duties of notice under Local Rule 7.03 and
no person or entity has filed either a claim or an answer to the complaint for
forfeiture, other than Amores Property Investment, LLC., whose Verified Claim was
withdrawn, and the Tax Collector, whose interest was settled. Thus all claims to the
Defendant Property have now been either foregone or resolved. The time for
additional persons to file a claim or otherwise contest the forfeiture of the Defendant
Property has expired, it is accordingly, hereby:
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ORDERED, ADJUDGED and DECREED that the United States’ motion (Doc.
26) is GRANTED.
It is FURTHER ORDERED that pursuant to Fed. R. Civ. P. 55(b)(2) and Local
Rule 7.03(i)(1), judgment of default is hereby entered against Aramys Diaz, Yairis
Diaz, Louis Oscar Sherwood, Florida Trust Investment, LLC., Mandolin Reserve
Homeowners Association, Complete Medical Therapy Services, Inc., and A & Y
Professional Services, LLC, for failure to file a claim within 35 days from the receipt
of notice of the forfeiture, as required under Supp’l Rule G(5)(a)(ii)(A). Any further
claims or statements of interest are time-barred.
It is FURTHER ORDERED that all right, title, and interest in the 357,450.89
in Substitute Res, representing the Defendant Property, are hereby forfeited to the
United States of America, pursuant to 21 U.S.C. § 881(a)(6), Fed. R. Civ. P. 55(b)(2)
and Local Rule 7.03(i)(1), and clear title to the Substitute Res is vested in the United
States of America for disposition according to law.
It is ORDERED that the Clerk is directed to close this case.
DONE and ORDERED in Tampa, Florida on May 23, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2013\13-cv-359.defaultjudgment.wpd

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