United States Of America v. Funds Contained in Wells Fargo Bank Account Ending XXXX7469, VL:$385,617.65 et al

Filing 28

ORDER granting 24 Motion for Forfeiture of Property. Signed by Judge William T. Moore, Jr on 9/2/15. (bcw)

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

SEP -2 11J15

UNITED STATES OF AMERICA
V

CASE NO. CV411-290 CLTi:

.

FUNDS CONTAINED IN SUNTRUST
BANK ACCOUNT ENDING IN
XXXX4565, VL: $16,700.00 in
U.S. CURRENCY,
Defendant.
ORDER

Before the Court is the Government's Motion for
Default Judgment and Final Order of Forfeiture and
Distribution. (Doc. 24.) On July 24, 2012, an amended
verified complaint for forfeiture in rem was filed. (Doc.
4.) Kenneth Gossett and Amanda Gossett were served with a
copy of the Government's verified complaint through their
attorney of record. (Doc. 18.) The Government provided
adequate notice of the civil forfeiture, as required by the
relevant rules. (Doc. 20.) No person or entity timely filed
a claim or answer or demanded restitution of the Defendant
Currency. On April 29, 2015, at the request of the
Government, the Clerk of Court entered default. (Doc. 23.)
The Government then filed its current motion for default
judgment. (Doc. 24.) Since the entry of default, no person

.

or entity responded to the entry of default or the
Government's motion for default judgment.
After careful consideration, the Government's motion
is GRANTED.

The Government has shown there was reasonable

cause to seize the Defendant Currency, a properly filed
amended verified civil complaint for forfeiture in rem was
filed pursuant to 21 U.S.C. §§ 881(a) (6) and 18 U.S.C.
§ 981(a) (1) (A), all known parties were served with proper
process, and all other unknown potential claimants were
served by publication. Accordingly, it is

HEREBY ORDERED

and ADJUDGED:
1. The Defendant Currency is condemned and forfeited
to the United States of America, and all right, title,
claim and interest to the Defendant Currency by Kenneth
Gossett, Amanda Gossett, SunTrust Bank, their heirs,
successors and assigns, and all other persons and entities
are vested in the United States of America;
2.

Kenneth Gossett and Amanda Gossett, their heirs,

successors and assigns, and all other persons and entities
are forever barred from asserting a claim against the
Defendant Currency;
3.

The United States Marshals Service or an

authorized designee shall dispose of the Defendant Currency
according to law and regulatory procedures;

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4.

The United States Marshals Service or an

authorized designee shall pay from the Defendant Currency
all expenses of the Department of Justice and United States
Marshals service related to the seizure and forfeiture of
the Defendant Currency;
5.

The remaining portion of the Defendant Currency

shall be deposited by the United States Marshals service
into the Department of Justice Asset Forfeiture Fund in
accordance with 28 U.S.C. § 524(c);
6.

The Clerk of the Court is

DIRECTED

to forward

four certified copies of this Order to Assistant United
States Attorney Karl Knoche, United States Attorney's
Office for the Southern District of Georgia, P.O. Box 8970
Savannah, Georgia 31412; and
7.

The Clerk of Court is DIRECTED to enter judgment

pursuant to Fed. R. Civ. P. 58 upon the same terms and
conditions as outlined in this order and to close this
case.
SO ORDERED this J'day of September 2015.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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