United States Of America v. $5000.00 in U.S. Currency

Filing 10

ORDER granting 8 Motion for Default Judgment; The United States Application for Default Judgment and Motion for Final Order of Forfeiture and Distribution are GRANTED; The Defendant Currency is hereby condemned and forfeited to the United States o f America, and all right, title, claim and interest to the Defendant Currency by Matilda F. Gordon, Gregore Andrew Gordon, their heirs, successors and assigns and all other persons and entities are vested in the United States of America; Matilda F. G ordon, Gregore Andrew Gordon, their heirs, successors and assigns and all other persons and entities are forever barred from asserting a claim against the Defendant Currency; The U.S. Marshals Service or an authorized designee shall dispose of the D efendant Property according to law and regulatory procedures; The U.S. Marshals Service or an authorized designee shall pay from the Defendant Currency all expenses of the Department of Justice and U.S. Marshals Service related to the seizure and for feiture of the Defendant Currency; The remaining portion of the Defendant Currency shall be deposited by the U.S. Marshals Service into the Department of Justice Asset Forfeiture Fund in accordance with 28 U.S.C. § 524(c); and the Clerk is directed to enter judgment pursuant Rule 58 of the Federal Rules of Civil Procedure upon the same terms and conditions as outline in the Default Judgment and Final Order and Distribution. Signed by Judge J. Randal Hall on 03/10/2015. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
CV 114-108

$5,000.00 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 $5,000.00 in U.S. Currency

("Defendant Currency") as well as against Matilda F. Gordon, Gregore Andrew
Gordon, their 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 Property; that a Verified Civil Complaint

for Forfeiture In Rem was filed pursuant to 21 U.S.C. § 881(a)(6) because it

constitutes (1) money, negotiable instruments, securities and other things of value
furnished and intended to be furnished in exchange for a controlled substance in

violation of the Controlled Substances Act; (2) proceeds traceable to such an

exchange; and/or (3) money, negotiable instruments, and securities used and
intended to be used to facilitate a violation of the Controlled Substances Act; 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 Currency is hereby condemned and forfeited to the

United States of America, and all right, title, claim and interest to the Defendant
Currency by Matilda F. Gordon, Gregore Andrew Gordon, their heirs, successors
and assigns and all other persons and entities are vested in the United States of
America;

3.

Matilda F. Gordon, Gregore Andrew Gordon, their heirs, successors

and assigns and all other persons and entities are forever barred from asserting a
claim against the Defendant Currency;
4.

The U.S. Marshals Service or an authorized designee shall dispose of

the Defendant Property according to law and regulatory procedures;

5.

The U.S. Marshals Service or an authorized designee shall pay from

the Defendant Currency all expenses of the Department of Justice and U.S.

Marshals Service related to the seizure and forfeiture of the Defendant Currency;
6.

The remaining portion of the Defendant Currency shall be deposited by

the U.S. Marshals Service into the Department of Justice 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 /O ~dav of /Ijcur.jL .2015, in United States
of America v. $5,000.00 in U.S. Currency, CV114-108.

HONORABLE J. RANDAL HALL

CD STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA