United States of America v. $8,896.00 in United States Currency

Filing 10

ORDER that the Government's 8 Motion for Default Judgment and Motion for Final Order of Forfeiture and Distribution are hereby granted. All rights, title, and interest in the Defendant Currency is hereby forfeited to and vested in the United States, which shall have clear title to this property, may warrant good title to any subsequent transferee, and shall dispose of the property in accordance with the law. The Clerk is directed to enter judgment in favor of Plaintiff, terminate all deadlines and motions, and close this case. Signed by Judge J. Randal Hall on 06/18/2015. (jah)

IN THE UNITED

STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

UNITED STATES OF AMERICA,

*

Plaintiff,

*

v.

*

$8,896.00 in U.S.

CURRENCY,

CV

113-211

*
•

Defendant.

*

ORDER

Presently pending before the Court is the Government's Motion

for Default Judgment.
motion

(Doc.

8.)

For the following reasons,

this

is GRANTED.

I.

On

November

22,

BACKGROUND

2013,

the

Government

filed

a

Verified

Complaint for forfeiture in rem against $8,896.00 in U.S. Currency

("the

Defendant

alleges

that

Currency").

the

Defendant

(Doc.

1,

Currency

Compl.)

is

subject

The

Complaint

to

forfeiture

pursuant to 21 U.S.C. § 881(a)(6) because it constitutes (1) money
furnished or intended to be furnished in exchange for a controlled

substance,

(2) proceeds traceable to such an exchange,

and/or (3)

money used or intended to be used to facilitate a violation of the
Controlled Substances Act.

On November

James Ferguson,

29,

2013,

(Id.

12.)

the Government served Sheron

David Pickney,

Jr.,

Jenkins,

and Travis Jermaine Ferguson

with the Verified Complaint for Forfeiture In Rem and a warrant for

arrest.1

(Doc. 3.)

Additionally, the Government published the

notice of forfeiture on its official

website

(www.forfeiture.gov)

for thirty consecutive days beginning on December 13, 2013.
4.)

To date,

(Doc.

no person has filed an answer to the Complaint or a

claim to the Defendant Currency in this action.
On

February

20,

2015,

the

Government

moved

the

Clerk

of

the

Court to enter default and supported its motion with an affidavit.
(Doc.

6, Ex.

(Doc.

7.)

judgment
Currency

1.)
The

and
and

Government

final

Travis

judgment.

now

order

of

any potential

sent notice to

and

On February 25,

(Doc.

Ferguson

court;

Court

James

must

and second,

27,

Funds,

2009)

subsequent

No.

a

default

the

Defendant

The

Government

David Pickney,

pending

motion

for

Jr.,

default

DISCUSSION

judgment is a two-step process:

seek

an

after

the

5:08-CV-102,

(citing

entry

8.)

Ferguson,

entry

of

default

clerk has made

the plaintiff can seek a default judgment."
U.S.

enter

against

(Doc.

the

to

9.)

"Obtaining a default
plaintiff

the

forfeiture

of

II.

the

moves

the Clerk entered default.

claimants.

Sheron Jenkins,

Jermaine

2015,

Fed.

of

R.

2009 WL 198013,

Civ.

default

P.

55) .

judgment

"An

are

an

from

entry of

U.S. v.
at

the

*2

first,

clerk

of

default,

$11,000.00 in
(M.D.

Ga.

entry of default

appropriate

Jan.

and

Mw]hen

a

party against whom a judgment for affirmative relief is sought has

1

The notice sent to David Pickney,

Jr. and Travis Jermaine Ferguson was

returned unopened.
(Doc. 8 at 2. )
A second notice was sent to David
Pickney, Jr. and Travis Jermaine Ferguson.
(Doc. 5.)
Mr. Pickney's notice
was again returned unopened.
(Doc. 8 at 2. ) Mr. Ferguson accepted service.
(Id.)
2

failed to plead or otherwise defend.'"
55(a))

— as

here

— the

action in rem which arises
Supplemental

Rule

and

Maritime

Claims

P.,

Supp.

G(l)

arising
U.S.

(quoting Fed. R. Civ.

P.

(alteration in original).

Where

with

Id.

R.

from

Funds,

a

upon

("This

the

the

Asset

Rule

brings

federal

Forfeiture

governs

civil

Rules

for

See

forfeiture

also,

forfeiture

it must comply

Actions.

a

see

a

statute,

Supplemental

statute.");

2009 WL 198013,

Based

from a

G of

and

federal

Government

Admiralty

Fed.

action

e.g.,

R.

Civ.

in

rem

$11,000.00

in

at *2.

facts

currently

before

the

Court,

the

Government appears to have fully complied with Supplemental Rule G.

First,

the

because

it

matter

it

was

(a)

jurisdiction2

reasonable
when

Complaint

federal

and

(f)

seized

proper

verified,

(b)

and

(d)

when

under
stated

and venue,

particularity,

was

the

was

(c)

Supplemental
the

described

stated the
the

action

statute under which the

grounds

was

filed,

forfeiture

stated sufficiently detailed facts

for

the

location

Rule

G(2)

subject-

property with

of

the

(e)

identified

action was

to support a

property

brought,

reasonable

belief that the Government will be able to meet its burden of proof

at trial.3

(See Compl.)

2
The grounds for subject matter jurisdiction are 28 U.S.C. § 1345
(providing that district courts shall have original jurisdiction of all civil
proceedings commenced by the United States) and 28 U.S.C. § 1355(a-b)
(providing
that
district
courts
shall
have
original
jurisdiction of
forfeiture proceedings arising under federal law and that the forfeiture

proceeding may be brought in the district where any of the acts or omissions
giving rise to the forfeiture occurred).
Here, the Defendant Currency was
seized in McDuffie County, Georgia, which is within the Southern District of
Georgia.

(Compl.

SI 3. )

3
The factual allegations in the Verified Complaint, now admitted by
default, are sufficient to establish that the Defendant Currency is subject
3

Second,
notice

the Government complied with Supplemental Rule G(4)'s

requirements.

The

Government

sent

a

notice

of

forfeiture

and a copy of the Verified Complaint to potential claimants Travis

Ferguson,

Sheron

See Fed. R. Civ.

Jenkins,

James

P., Supp. R.

Ferguson,

and

G (4) (b) (i) , (iii)

David

Pickney,

Jr.

("The government must

send notice of the action and a copy of the complaint to any person
who reasonably appears to be a potential claimant" and "notice must
be

sent

by

means

reasonably

calculated

to

reach

the

potential

to forfeiture.
Specifically, Deputy Bruce Knight conducted a traffic stop of
a vehicle driven by Travis Jermaine Ferguson on June 4, 2013.
(Compl. 11 67.)
Prior to the stop, based on the "erratic behavior" of the driver, Deputy
Knight called for reinforcement officers.
(Id. 1 6.)
During the stop,
Deputy Jared Land "found four males and an overwhelming smell of marijuana
coming from the interior of the [v]ehicle."
(Id. 1 7.)
Travis Ferguson was
found to have $3,000.00 on his person; David Pickney, Jr. had $12,560.00 and
a bag of marijuana; James Ferguson had $3,000.00 on his person; and Sheron
Jenkins had $8,896.00 on his person.
(Id. 11 11-13.) A search of the vehicle
additionally revealed "several broken rubber bands in the back seat and
marijuana residue in the front and rear floorboards.
(Id. 1 14.)
Deputy

Knight then explained to the four men that "due to their criminal histories,
packaging of the currency, and the presence of narcotics, the currency was
going to be seized."
(Id. SI 15.)
After the money was taken back to the
McDuffie County Sheriff's Office, a K-9 performed a "four bag sniff test" on
the currency and gave a positive alert each time.
(Id. 1 16.)
The Court finds that these admitted factual allegations are sufficient
to establish that the Defendant Currency is subject to forfeiture under 21
U.S.C. § 881(a)(6), which provides that money furnished or intended to be
furnished in exchange for a controlled substance, or proceeds traceable to
such an exchange, is subject to forfeiture to the United States.
See United
States v. Approximately $7,000 in U.S. Currency, et al., No. 1:13-cv-01629,
2014 WL 1665093, at *2-4 (E.D. Cal. Apr. 24, 2014), adopted by 2014 WL
2208087, at *1 (E.D. Cal. May 28, 2014) (granting the Government's motion for

default
under

judgment
21

U.S.C.

and
§

finding
881(a)(6)

that

the currency

where

admitted

was

subject

factual

to

forfeiture

allegations

in

the

complaint showed that following the traffic stop a drug canine alerted to the
currency during a controlled test); U.S. v. $23,000 in U.S. Currency, No.
l:ll-CV-076, 2012 WL 1605552, at *1 (W.D.N.C. May 8,
2012)
(granting

government's motion for default judgment where admitted factual allegations
in the complaint showed that a drug canine alerted on a vehicle and court
determined that money located in a plastic grocery bag in the vehicle was
subject to forfeiture under 21 U.S.C. § 881(a)(6));
United States v.
Approximately $141,932.00 in U.S. Currency, No. 1:04-cv-6743, 2008 WL 190878,
at *7 (E.D. Cal. Jan. 18, 2008), adopted by 2008 WL 345864 (E.D. Cal. Feb. 4,
2008) (granting the Government default judgment and finding that the currency

was subject to forfeiture under 21 U.S.C. § 881(a)(6)
where factual
allegations in the complaint showed that the officer making the traffic stop
"detected a strong odor of marijuana coming from [the claimant and vehicle],
and

a narcotics

detection

canine

subseguently

marijuana was found).
4

alerted"

to

areas

where

the

claimant.").

forfeiture

The

on

its

Government

official

which satisfied the

also

website

published

for thirty

the

notice

consecutive

publication requirement under

Rule

of

days,

G(4)(a)(i)

and (iv)(C).

Supplemental Rule G(5)

interest

in

filing

claim

a

the

defendant
in

thirty-five days

notice

first
See

was

not

date

of

Fed. R.

provides that a "person who asserts an

the

property may

court

where

the

file

sent

to

the

publication

Civ.

an

P.,

claimant,

on

Supp. R.

the

answer

to

the

time

for

neither

a

filing has

within

is

forfeiture by

pending"

sent or,

Government's

forfeiture

the

after

official

Once

a

within

if direct

sixty days

G (5) (a) (i) , (ii) .

days after filing the claim.
Here,

action

from the date direct notice is

filed a claim to the seized property,
and

contest

the

website.

claimant

has

the claimant must also serve
complaint

within

twenty-one

See Fed. R. Civ. P., Supp. R. G(5) (b) .

claim nor

expired.

an

answer

This

has

failure

been

filed,

to plead or

and

the

otherwise

defend the action warrants the entry of a default judgment against
all

potential

Federal

Rule

claimants

of Civil

to

the

Procedure

III.

For

Default

the

reasons

Judgment

Distribution

(doc.

interest

the

in

and
8)

Defendant

Motion

for

the

Final

hereby GRANTED.

vested in the United States,

to

Motion

for

Forfeiture

and

CONCLUSION

above,

Defendant

pursuant

55.

stated

are

Currency

Currency

is

Government's

Order

of

All rights,
hereby

title,

forfeited

to

and
and

which shall have clear title to this
5

property,

shall

Clerk

may warrant good title to any subsequent transferee,

dispose

is

of

the

DIRECTED

property

to

enter

in

accordance

judgment

in

with

the

favor

of

law.

and

The

Plaintiff,

TERMINATE all deadlines and motions, and CLOSE this casye.

ORDER ENTERED at Augusta, Georgia, this

/jfl^ciay of June,

2015.

HOWOR^BaE JT RANJ3AL HALL
UNITED STATES DISTRICT

JUDGE

S0U!£1E#N DISTRICT OF GEORGIA