UNITED STATES OF AMERICA v. CURRENCY
Filing
14
CONSENT ORDER. Ordered by Judge C. Ashley Royal on 6/21/2013 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
UNITED STATES OF AMERICA,
:
:
Plaintiff,
:
:
v.
: CIVIL ACTION
: No. 5:12‐CV‐170 (CAR)
$8,811.00 IN UNITED STATES FUNDS, :
:
Defendant Property,
:
:
JIMMY WIGGINS,
:
:
Claimant.
:
________________________________
:
CONSENT ORDER
On May 11, 2012, the United States of America filed a civil action in rem to forfeit
$8,811.00 in United States funds (the “Defendant Property”) pursuant to 21 U.S.C.
§ 881(a)(6). Now, the parties have executed and presented to the Court a Stipulation for
Compromise Settlement and Release of Claims [Doc. 13‐1], which is incorporated hereby
and made a part of this Order, in which they agree that $5,000.00 of the Defendant
Property shall be forfeited to the United States, and the remaining $3,811.00 shall be
released to Claimant Jimmy Wiggins, through his counsel.
Consequently, the Court hereby makes the following Findings of Fact and
Conclusions of Law:
1.
The Court has jurisdiction over this action pursuant to 28 U.S.C. '' 1345 and 1355,
and venue is proper pursuant to 28 U.S.C. ' 1395.
2.
The United States has furnished due and legal notice of these proceedings as
required by law. All persons known to the United States to have a possible interest
in the Defendant Property have received actual notice and service of the Complaint
and Warrant for Arrest In Rem in this action.
3.
Claimant filed a Claim and an Answer in these proceedings, asserting his interest in
the Defendant Property. No other claims and answers have been filed, and the time
for filing claims and answers has now expired.
4.
There is sufficient evidence to warrant the conclusion, by a preponderance of the
evidence, that the Defendant Property is subject to forfeiture in accordance with 21
U.S.C. ' 881(a)(6).
THEREFORE, IT IS HEREBY ORDERED THAT:
1.
All right, title, and interest of Claimant in $5,000.00 of the Defendant Property is
hereby forfeited to the United States.
2.
All other right, title, and interest in $5,000.00 of the Defendant Property is hereby
forfeited to and vested in the United States, which shall have clear title to this
property and may warrant good title to any subsequent transferee.
3.
The United States Attorney General or his authorized designee shall dispose of this
property in accordance with the law.
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4.
The United States Marshals Service shall coordinate the release of the funds in the
amount of $3,811.00, payable jointly to the Claimant Jimmy Wiggins and his
counsel, Nathaniel J. Middleton, Esq., 3951 Snapfinger Parkway, Suite 515, Decatur,
Georgia, 30035.
5.
Pursuant to 28 U.S.C. ' 2465, no parties shall be entitled to costs, including any costs
under 28 U.S.C. ' 2412, nor shall the person or persons who made the seizure of the
Defendant Property, nor any attorney, agent, or employee of the United States, be
liable to suit or judgment on account of the seizure of the Defendant Property or
prosecution of the instant forfeiture action, there being reasonable cause shown for
the seizure.
SO ORDERED this 21st day of June, 2013.
S/ C. Ashley Royal
C. ASHLEY ROYAL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
BBP
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