United States of America v. $25,000.00 in U.S. Currency

Filing 11

ORDER granting 10 Motion for Judgment of Forfeiture. Case is CLOSED. Signed by Judge James I. Cohn on 2/29/2012. (awe)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 11-62556-CIV-COHN/SELTZER
UNITED STATES OF AMERICA,
Plaintiff,
vs.
$25,000.00 IN CASH, U.S. CURRENCY,
SEIZED FROM FEDERAL EXPRESS
PACKAGE SENT ON AUGUST 4, 2011,
BY ROBERTO LEZCANO, IN TAMARAC,
FLORIDA, TO ERIC HARP IN GREENWOOD
VILLAGE, COLORADO,
Defendant.
______________________________________/
DEFAULT JUDGMENT OF FORFEITURE
THIS CAUSE is before the Court upon Plaintiff United States of America’s
Motion for Default Judgment of Forfeiture [DE 10] (“Motion”). The Court has considered
the Motion, the Verified Complaint for Forfeiture In Rem [DE 1], all other relevant parts
of the record in this case, and is otherwise fully advised in the premises. No response
to the Motion has been filed, and the time for responding has now passed.
The Court makes the following findings of fact:
1.

On December 1, 2011, Plaintiff filed a Verified Complaint for Forfeiture In

Rem [DE 1] against the defendant property on the grounds that the defendant property
constitutes or is derived from proceeds traceable to violations of “specified unlawful
activities” as defined in 18 U.S.C. § 1956(c)(7) and/or § 1961(1), as referenced by
§ 1956(c)(7)(A), including 18 U.S.C. § 1955 (prohibition of illegal gambling businesses),
and/or proceeds from drug deals, in violation of 21 U.S.C. § 846 and/or § 841(a)(1), or

property used or intended to be used in any manner or part, to facilitate the commission
of a drug deal(s), in violation of 21 U.S.C. §§ 801 et seq. See 18 U.S.C. § 981(a)(1)(C).
2.

The defendant property is particularly described as follows: $25,000.00 IN

CASH, U.S. CURRENCY, SEIZED FROM FEDERAL EXPRESS PACKAGE SENT ON
AUGUST 4, 2011, BY ROBERTO LEZCANO, IN TAMARAC, FLORIDA, TO ERIC
HARP IN GREENWOOD VILLAGE, COLORADO (hereinafter, “defendant property”).
3.

On December 1, 2011, a Warrant of Arrest In Rem was issued and served

on the defendant property [DE’s 4, 6]. Notice of this action, along with copies of the
Complaint and Warrant, were sent to: Christopher Grillo, Esq., attorney for Joseph
Fafone, the alleged owner of the defendant currency and claimant with DEA in the
administrative process. The envelope was delivered via Federal Express on December
6, 2011.
4.

On February 8, 2012, a Clerk’s Default was entered against the defendant

property [DE 9].
5.

Public Notice of Action and Arrest was published on a government

website as required by Supplemental Rule G(4)(a)(iv)(C) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions on December 3, 2011. Proof
of the Publication was filed with the Court on February 6, 2012 [DE 7].
6.

The time for filing a petition pursuant to publication on an official

government site expired sixty (60) days after the first day of publication pursuant to
Supplemental Rule G(5)(a)(ii)(B), which in this case was February 2, 2012, and no
claim was filed by any person in response thereto.

2

Based upon the above findings, it is hereby
ORDERED AND ADJUDGED that Plaintiff United States of America’s Motion for
Default Judgment of Forfeiture [DE 10] is GRANTED, and judgment is hereby entered
in favor of Plaintiff United States of America and against the in rem defendant
$25,000.00 in cash, U.S. Currency, and all potential claimants. All right, title, claim and
interest in the defendant property is hereby FORFEITED to the United States of
America pursuant to 18 U.S.C. § 981(a)(1)(C). Accordingly, all right, title and interest in
the $25,000.00 is hereby vested in the United States of America. It is further
ORDERED AND ADJUDGED that the forfeited property shall be disposed
of according to the law. It is further
ORDERED AND ADJUDGED that $25,000.00 in U.S. currency, and all persons
claiming any right, title, or interest in or to the said defendant currency, including Joseph
Fafone, are held in default. It is further
ORDERED AND ADJUDGED that any pending motions are DENIED as moot,
and the Clerk of the Court is directed to CLOSE this case.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,
Florida, on this 29th of February, 2012.

Copies provided to:
Counsel of record via CM/ECF
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