UNITED STATES OF AMERICA v. CURRENCY

Filing 16

ORDER granting 15 Motion for Entry of Consent Order. Ordered by U.S. District Judge HUGH LAWSON on 8/12/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
$14,000.00 IN UNITED STATES
FUNDS,
Defendant Property,
CHARLES LEE WILLIAMS and
SHANICE ARTAVIA BATTLE,
Claimants.

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CASE NO. 7:14-CV-37 (HL)

CONSENT ORDER
The Parties have executed and presented to the Court a Joint Notice of
Voluntary Election to Withdraw Claim and Answer, and Stipulation for Compromise
Settlement and Release of Claims which is attached hereto and made a part of this
Order, in which they agreed that $10,000.00 shall be forfeited to the United States, and
the remainder of the Defendant Property be released to Claimant Shanice Artavia
Battle, through her counsel.

Accordingly, the Court hereby makes the following

Findings of Fact and Conclusions of Law:
1.

The Court has jurisdiction of this matter 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.

Claimants each filed a Claim and an Answer in these proceedings,

asserting their interest in a portion of the Defendant Property. No other claims and
answers have been filed, and the time for filing claims and answers has now expired.
4.

Claimant Charles Lee Williams voluntarily elected to withdraw his Claim

and Answer asserting an interest in a portion of the Defendant Property.
5.

There is sufficient evidence to warrant a conclusion, by a preponderance

of evidence standard, 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 Claimants in $10,000.00 of the Defendant

Property is hereby forfeited to the United States.
2.

All other right, title, and interest in $10,000.00 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.
4.

The United States Marshals Service shall coordinate the release of the

funds in the amount of $4,000.00, payable jointly to the Claimant Shanice Artavia Battle,
and her counsel John Randall Hicks, Esq., Post Office Box 1004, 604 N. Patterson
Street, Valdosta, Georgia, 31603.
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
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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 12th

, day of August

, 2014.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA

THE ENTRY OF THE FOREGOING ORDER IS CONSENTED TO BY:
MICHAEL J. MOORE
UNITED STATES ATTORNEY
s/DANIAL E. BENNETT
ASSISTANT UNITED STATES ATTORNEY
GEORGIA STATE BAR NO. 052683
ATTORNEY FOR PLAINTIFF
s/SHANICE ARTAVIA BATTLE
CLAIMANT
s/CHARLES LEE WILLIAMS
CLAIMANT
s/J. RANDALL HICKS, ESQ.
ATTORNEY FOR CLAIMANTS
Georgia Bar No. 351305
I certify that the originally executed document contains the signatures of all filers
indicated herein and therefore represents consent for filing of this document.
MICHAEL J. MOORE
UNITED STATES ATTORNEY
s/ DANIAL E. BENNETT
ASSISTANT UNITED STATES ATTORNEY
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