United States of America v. $12,200.00 in United States Currency

Filing 12

FINAL ORDER OF FORFEITURE AND JUDGMENT. 1. The United States shall release $7,200.00 of the Defendant Currency. The $7,200.000 shall be returned to Maria Divina Sotelo via a wire transfer. 2. A Final Judgment of Forfeiture is hereby entered in favor of the United States against the sum of $5,000.00 of the Defendant Currency. 3. Maria Divina Sotelo shall not be entitled to receive any further payment from the United States. 4. The parties shall be responsible for payment of their own expenses, including attorneys fees incurred in connection with this proceeding. 5. This case shall be closed. Signed by Judge Eleanor L. Ross on 9/7/16. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(kxw)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,

)
)
)
)
)

Plaintiff,
v.

CIVIL NO. 1:16-CV-2402-ELR

)
$12,200.00 IN UNITED STATES

)

CURRENCY,

)

)
)

Defendant.

FINAL ORDER OF FORFEITURE

On or about January 28, 2016, agents with the Drug Enforcement
Administration ("DEA") seized $12,200.00 (the "Defendant Currency'') from a
residence located in Gwinnett County, Georgia.
On July 1, 2016, the United States filed a Complaint for Forfeiture
against the Defendant Currency pursuant to 21 U.S.C. § 881(a)(6) [Doc. l].
Pursuant to Rule G(4)(b), the United States served notice of the forfeiture
action and copies of the Complaint for Forfeiture and Warrants of Arrest on all
persons who reasonably appeared to be a potential claimant to the Defendant
Currency. [Docs. 4-6.] Pursuant to Rule G(4)(a)(iv)(C), the United States posted
notice

of

the

forfeiture

on

an

official

1

government

internet

site

(www.forfeiture.gov) for at least 30 consecutive days, starting on July 14, 2016.
[Doc. 3.]
On August 2, 2016, Maria Divina Sotelo filed a Verified Claim and asserted
sole ownership interest in the Defendant Currency. [Doc. 8.]

Claimant Maria

Divina Sotelo and the United States have entered into a Stipulation of Final
Settlement and Release of All Claims, the terms of which are hereby incorporated
into this final order. [Doc. 9.]
WHEREFORE, the Court hereby finds that the United States has furnished
due and legal notice of this proceeding as required by statute, and that the only
claimant in this action, Maria Divina Sotelo, has entered into a settlement
agreement with the United States.
Therefore, IT IS HEREBY ORDERED AS FOLLOWS:
1.

The United States shall release $7,200.00 of the Defendant Currency. The
$7,200.000 shall be returned to Maria Divina Sotelo via a wire transfer.

2.

A Final Judgment of Forfeiture is hereby entered in favor of the United
States against the sum of $5,000.00 of the Defendant Currency.

3.

Maria Divina Sotelo shall not be entitled to receive any further payment
from the United States.

4.

The parties shall be responsible for payment of their own expenses,
including attorneys fees incurred in connection with this proceeding.
2

5.

This case shall be closed.

SO ORDERED, this

7#i day of September, 2016.

ELEANOR L. ROSS
United States District Judge
Northern District of Georgia

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