United States of America v. Approximately $35,860.00 In U.S. Currency

Filing 38

DEFAULT JUDGMENT OF FORFEITURE. Pursuant to 21 U.S.C. § 881(a)(6), all right, title, and interest in the Defendant Currency is CONDEMNED and FORFEITED to the United States. The Clerk is directed to close this case. Signed by Senior Judge Charlene Edwards Honeywell on 1/3/2025. (JDE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 8:23-cv-2552-CEH-SPF

APPROXIMATELY $35,860.00
IN U.S. CURRENCY,
Defendant.
DEFAULT JUDGMENT OF FORFEITURE
THIS CAUSE comes before the Court on the United States’ Motion for Default
Judgment of Forfeiture (Doc. 37) for approximately $35,860.00 in United States
currency (the Defendant Currency). No response to the motion has been filed. Having
been fully advised in the premises, the Court finds that the Defendant Currency is
subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6) because it constituted: (1) money
furnished or intended to be furnished by a person in exchange for a controlled
substance in violation of the Controlled Substances Act; (2) proceeds traceable to such
an exchange; or (3) money used or intended to be used to facilitate a violation of the
Controlled Substances Act.
The Court finds that the United States complied with Rule G(4)(b) of the
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions,
Federal Rules of Civil Procedure, by providing proper notice of the forfeiture to the
only known parties with a potential interest in the Defendant Currency, Felix Perocier1

Cabo and Marina Cabo-Rodriguez. Doc. 35. The Court also finds that the United
States complied with Supplemental Rule G(4) by publishing notice of this forfeiture
action at www.forfeiture.gov for 30 consecutive days. Doc. 9. Additionally, after
striking Felix Perocier-Cabo’s claim and answer (Doc. 31), this Court provided him
an opportunity to file an amended claim by October 29, 2024 and answer by November
5, 2024. Doc. 33. No person or entity has filed a claim or an answer to the complaint
for forfeiture, or has otherwise appeared or answered in this regard, and the time to do
so has expired. Thus, the Clerk entered a default on December 12, 2024. Doc. 36. It is
now appropriate for the Court to enter a Default Judgment of Forfeiture for the
Defendant Currency pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local
Rule 1.10(c). Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED that the United States’ motion
for a Default Judgment of Forfeiture (Doc. 37) is GRANTED.
It is further ORDERED that, pursuant to 21 U.S.C. § 881(a)(6), all right, title,
and interest in the Defendant Currency is CONDEMNED and FORFEITED to the
United States. Clear title to the Defendant Currency is vested in the United States for
disposition according to law. The Clerk is directed to close this case.
DONE and ORDERED in Tampa, Florida, this 3rd day of January 2025.

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Copies to:
James A. Muench, AUSA
Counsel of Record
Unrepresented parties, if any

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