United States of America v. $10,000.00 in U.S. Currency

Filing 12

DEFAULT JUDGMENT and Final Order of Forfeiture and Distribution granting 10 MOTION for Default Judgment and MOTION for Forfeiture of Property. Signed by Judge J. Randal Hall on 08/25/2014. (thb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.

CV113-92

$10,000.00 IN U.S. CURRENCY,
Defendant.

DEFAULT JUDGMENT AND

FINAL ORDER OF FORFEITURE AND DISTRIBUTION

Plaintiff, the United States of America, has moved this Court, pursuant to
Fed. R. Crim. P. 55, for the entry of a Default Judgment and Final Order of
Forfeiture and Distribution against the Defendant $10,000.00 in United States

Currency ("the Defendant Currency") as well as against Rickey J. Boykins, his
heirs, successors and assigns and all other persons and entities having an interest
in the Defendant Currency. Plaintiff has shown that there was reasonable cause to

seize the Defendant Currency; that a Verified Civil Complaint for Forfeiture In Rem

was filed pursuant to 21 U.S.C. § 881(a)(6); that all known parties were served with
proper process; and that all other unknown potential claimants have been served by
publication. As reflected by the record in this case, all persons and entities having
interest in the Defendant Currency have failed to appear, file a claim or answer, or
otherwise defend the action. No person with standing is before the Court with
cause to show why judgment by default should not be granted to the United States

of America and against the Defendant Currency. Furthermore, no person with
standing is before the Court to object to the United States' Application for Default
Judgment and Motion for Final Order of Forfeiture and Distribution.

Therefore, it is hereby ORDERED, ADJUDGED AND DECREED that:

1.

The United States' Application for Default Judgment and Motion for

Final Order of Forfeiture and Distribution are GRANTED;

2.

The Defendant Property is hereby condemned and forfeited to the

United States of America, and all right, title, claim and interest to the Defendant

Property by Rickey J. Boykins, his heirs, successors and assigns and all other
persons and entities are vested in the United States of America;

3.

Rickey J. Boykins, his heirs, successors and assigns and all other

persons and entities are forever barred from asserting a claim against the
Defendant Currency;

4.

The United States Marshals Service or an authorized designee shall

dispose of the Defendant Currency according to law and regulatory procedures;
5.

The United States Marshals Service or an authorized designee shall

pay from the Defendant Currency all expenses of the Department of Justice related

to the seizure and forfeiture of the Defendant Property;

6.

The remaining portion of the Defendant Currency shall be deposited by

into the Asset Forfeiture Fund in accordance with 28 U.S.C. § 524(c); and

7.

The Clerk is hereby directed to enter judgment pursuant Rule 58 of the

Federal Rules of Civil Procedure upon the same terms and conditions as outlined in
this Default Judgment and Final Order of Forfeiture and Distribution.

SO ORDERED, this£^T?o£y ofAugust, 2014, in United States ofAmerica
v. $10,000.00 in United States Currency, CV113-92.

(

H0N9Ra«BLE J. RANDAL HALL

V UNITED/STATES DISTRICT COURT
^SOUTHERN DISTRICT OF GEORGIA