United States of America v. Approximately $239,965.00 in United States Dollars held at Reitumu Bank, Account NO. 0000609806182

Filing 13

ORDER granting 10 Motion for Default Judgment; granting 10 Motion for Forfeiture of Property. Signed by Judge William T. Moore, Jr on 12/22/15. (bcw)

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

FILED
U.S. WSTRICT COURT
SiWAt?N1H WV.
?015 DEC 21 P11 4:5

UNITED STATES OF AMERICA,
Plaintiff,
CASE NO. CV415-214

V.

APPROXIMATELY $239,965.00 IN
UNITED STATES DOLLARS HELD AT
REITUMU BANK, ACCOUNT NO.
0000609806182,
Defendant.

ORDER
Before the Court is the United States' Application for
Default Judgment and Final Order of Forfeiture. (Doc. 10.) In
that application, the Government asks for the entry of judgment
in rem against the funds held at Reitumu Bank, Account Number
0000609806182 (the "Defendant Property"), as well as against
United Metal Products, Ryan Jones, Mike Sobora, Codi
Manufacturing, David Eden Dix, and Bayline Marine Boats, Inc.,
their heirs, successors, and assigns and all other persons and
entities having an interest in the Defendant Property. For the
following reasons, the motion is GRANTED.
On July 30, 2015, the Government filed a Verified Complaint
for forfeiture in rem against approximately $239,965 in U.S.
Currency. (Doc. 1.) The Complaint alleges that Defendant
Property is subject to forfeiture pursuant to 18 U.S.C.

§ 981(a) (1) (C) because it is derived from proceeds traceable to
violations of 18 U.S.C. §S 513; 1341; 1343; 1344; 1956 and 1957.
(Doc. 1.) Alternatively, the Complaint alleges that the
Defendant Property is subject to forfeiture pursuant to 18
U.S.C. § 981(a) (1) (A) because it constitutes property involved
in a transaction or attempted transaction in violation of 18
U.S.C. § 1956, 1957 or 1960. (Doc. 1.)
Where the Government brings a civil forfeiture action in
rem that arises from a federal statute, it must comply with
Supplemental Rule G of the Supplemental Rules for Admiralty and
Maritime Claims and Asset Forfeiture Actions. Fed. R. Civ. P.,
Supp. R. (G) (1) . Based on the facts before the Court, the
Government appears to have complied. The Complaint was verified,
stated the grounds for subject matter jurisdiction and venue,
described the property with reasonable particularity, stated the
location of the property when seized and when the action was
filed, identified the federal statute under which the forfeiture
action was brought, and stated sufficient facts to support a
reasonable believe that the Government will be able to meet its
burden of proof at trial. See United States v. $14,660 in U.S.
*2 (S.D. Ga. Jan. 30, 2013).

Currency, 2013 WL 394155, at

Likewise, the Government complied with the notice requirements
by publishing the notice of forfeiture on its website for thirty

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consecutive days (Doc. 7) and serving known potential claimants
(Doc. 6). Fed. R. Civ. P., Supp. R. G(4) (a)-(b)
As reflected in the record, no persons or entities having
an interest in Defendant Property have filed either a claim or
answer, or otherwise appeared in this 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 and against
Defendant Property. Furthermore, no person with standing is
before the Court to object to the United States' Motion for
Default Judgment and Final Order of Forfeiture.
Therefore it is hereby ORDERED that:
1.

The United States' Motion for Default Judgment and

Final Order of Forfeiture is GRANTED;
2.

Defendant Property is hereby condemned and forfeited

to the United States of America, and all right, title, claim,
and interest to Defendant Property by United Metal Products,
Ryan Jones, Mike Sobora, Codi Manufacturing, David Eden Dix, and
Bayline Marine Boats, Inc., their heirs, successors, and assigns
and all other persons and entities are vested in the United
States of America;
3.

United Metal Products, Ryan Jones, Mike Sobora, Codi

Manufacturing, David Eden Dix, and Bayline Marine Boats, Inc.,
their heirs, successors, and assigns and all other persons and

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entities are forever barred from asserting a claim against
Defendant Property;
4.

The United States Marshals Service or an authorized

designee shall dispose of Defendant Property according to law
and regulatory procedures; and
5.

The Clerk is hereby directed to enter judgment

pursuant to 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.
The Clerk of Court is DIRECTED to close this case.
/1
fy
of December 2015.
SO ORDERED this

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

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