United States Of America v. Eleven Firearms and 807 Rounds of Ammunition

Filing 18

ORDER granting 16 Motion for Default Judgment. See order for details. The Clerk shall enter judgment and close this case. Signed by Judge J. Randal Hall on 7/17/15. (cmr)

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

UNITED STATES OF AMERICA,

*
*

Plaintiff,

*
*

CV 614-100

*

ELEVEN FIREARMS

and 8 07 ROUNDS

*

OF AMMUNITION,

*
*

Defendants.

*

ORDER

Presently

Default

Judgment

Distribution.
GRANTS

before

the

and

(Doc.

Court

for

is

the

Final

16.)

For

Government's

Order

the

of

following

Forfeiture

reasons,

the

for

and

Court

the motion.

I.

On

September

Complaint

for

8,

BACKGROUND

2014,

forfeiture

in

the

rem

Government

against

Eleven

filed

Complaint

forfeiture

alleges

pursuant

that

to

the

18

Defendant

U.S.C.

Verified

and

907

(Doc. 1, Compl.)

Property

§

a

Firearms

Rounds of Ammunition ("the Defendant Property").1
The

Motion

is

924(d)(1)

subject

because

to

it

"constitutes possession of firearms and ammunition by a person who
has

been

convicted

in

any

court

of

a

crime

punishable

by

imprisonment for a term exceeding one year" in violation of the Gun

Control Act of 1968, 18 U.S.C. § 922(g)(5).

1

(Id^ % 2.)

The Court specifically identifies each item of the Defendant Property

in Exhibit A,

which is attached hereto.

The
January

Government
2015

Winkler,

to

and

made

serve

William

numerous

Cynthia

attempts

Beecher,

Winkler

with

in

Robert

the

14-1,

UK 6-13.)

Additionally,

2014

Beecher,

Verified

Forfeiture In Rem and a warrant for arrest.

Doc.

November

Jessica

Complaint

(Docs.

7-10;

for

see also

the Government published the

notice of forfeiture on its official website

(www.forfeiture.gov)

for thirty consecutive days beginning on November 20, 2014.

12.)

and

(Doc.

To date, no person has filed an answer to the Complaint or a

claim to the Defendant Property in this action.
On May 27,

2015,

the Government moved the Clerk of the Court

to enter default and supported its motion with an affidavit.
14.)

On June 11,

Government

final

now

order of

potential

Cynthia

2 015,

moves

the Clerk entered default.

the

Court

to

forfeiture against

claimants.

Beecher,

(Doc.

Robert

enter

the

16.)

default

Defendant

The

Beecher,

a

(Doc.

"Obtaining
the

plaintiff

court;

a

default

must

seek

and second,

after

Winkler,

entry

the

is

a

two-step

of

default

clerk has made

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

27,

Funds,

2009)

subsequent

No.

5:08-CV-102,

(citing Fed.

entry

of

2009 WL

R. Civ.

default

and

notice

and

to

William

(Doc. 17.)

DISCUSSION

judgment
an

The

judgment

sent

Winkler of the pending motion for default judgment.

II,

15.)

Property and any

Government

Jessica

(Doc.

P.

198013,

55) .

judgment

"An

are

process:

from

the

an entry of

first,

clerk

of

default,

U.S. v. $11,000.00 in
at

*2

(M.D.

entry of

appropriate

Ga.

default

Jan.

and

*[w]hen

a

party against whom a judgment for affirmative relief is sought has
failed to plead or otherwise defend."'
55(a))

Id.

(quoting Fed. R. Civ. P.

(alteration in original).

Where — as

here

— the

Government

brings

a

civil

action in rem which arises from a federal statute,
with Supplemental Rule G of
and Maritime

Claims

P.,

G(l)

Supp.

arising
U.S.

R.

from

Funds,

Based

a

("This

federal

Rule

upon

the

Forfeiture Actions.

governs

statute.");

2009 WL 198013,

it must comply

the Supplemental Rules

and Asset

a

see

for Admiralty

See

forfeiture

also,

forfeiture

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 was

matter

Complaint

(a)

was

verified,

it

was

the federal

and

2

(f)

The

(b)

jurisdiction and venue,2

reasonable particularity,
when

proper

seized

(d)

and when

under

stated the grounds

(c)

described

stated the
the

Supplemental

for

G(2)

subject-

the property with

location of

action was

Rule

filed,

the property

(e)

identified

statute under which the forfeiture action was brought,

stated sufficiently detailed facts to support a

grounds

for

subject

matter

jurisdiction

are

28

reasonable

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 Property was
seized in Reidsville, Tattnall County, Georgia, which is within the Southern

District of Georgia, Statesboro Division.

(Compl. f 4.)

belief that the Government will be able to meet its burden of proof
at trial.3

(See Compl.)

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 Cynthia
Beecher,

Robert Beecher,

Fed. R. Civ. P., Supp. R.

Jessica Winkler,

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

and William Winkler.

See

("The government must send

notice of the action and a copy of the complaint to any person who
reasonably appears to be a

sent

by

means

claimant.").

forfeiture

on

potential claimant'7 and "notice must be

reasonably

The

its

calculated

Government

official

also

website

to

published

for

thirty

which satisfied the publication requirement
and

the

the

potential

notice

consecutive

of

days,

under Rule G(4) (a) (i)

(iv)(C).

Supplemental Rule G(5)

interest

in the

filing

a

claim

The

factual

3

reach

provides that a

"person who asserts an

defendant property may contest
in

the

court

allegations

in

where
the

the

action

Verified

the
is

Complaint,

forfeiture

pending"
now

by

within

admitted by

default, are sufficient to establish that the Defendant Property is subject
to forfeiture.
Specifically, the Federal Bureau of Investigation (FBI) and
Bureau
of
Alcohol,
Tobacco,
Firearms,
and
Explosives
(ATF)
received
information that Robert Beecher, whom agents confirmed to have at least three
prior felony convictions, was seen in photographs on social media sites

possessing various firearms.

(Compl.

K 7.)

On April 11,

2014,

a

Facebook

friend of Mr. Beecher provided FBI and ATF agents access to Mr. Beecher's
Facebook page, which allowed them to view the photographs associated with
that account.
(Id.)
Two photographs posted on February 15, 2014 showed Mr.
Beecher in possession of what appeared to be a lever action rifle with a
scope.
(Id.)
Comments associated with the picture indicated that the rifle

belonged to Mr. Beecher.
(Id.)
Upon receiving the appropriate warrant (id.
^ 8), FBI and ATF agents executed a search of Mr. Beecher's residence.
(Id.
f 9.)
Agents recovered thirteen firearms, including the lever action rifle
that appeared in the photographs on Mr. Beecher's Facebook page, 807 rounds
of ammunition, computer evidence, and mail addressed to Mr. Beecher.
(Id.)
Agents subsequently determined that the Defendant Property moved as a part of
interstate of foreign commerce prior to May 7, 2 014, the day on which the
search was executed.
(Id. 1 10.)
4

thirty-five days from the date direct notice is sent or, if direct

notice was not sent to the claimant, within sixty days after the
first

date

See Fed. R.

of

publication

Civ.

P.,

on

Supp. R.

the

Government's

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

filed a claim to the seized property,

official

Once

a

website.

claimant

has

the claimant must also serve

and file an answer to the forfeiture complaint within twenty-one
days after filing the claim.
Here,

time for

neither a

filing has

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

claim nor an answer has

expired.

This

been filed,

and the

failure to plead or otherwise

defend the action warrants the entry of a default judgment against

all

potential

claimants

to

the

Defendant

Property

pursuant

to

Federal Rule of Civil Procedure 55.

III.

For

the

reasons

stated

CONCLUSION

above,

the

Government's

Motion

for

Default Judgment and for Final Order of Forfeiture and Distribution

is GRANTED.

(Doc.

16.)

Therefore,

it is hereby ORDERED,

ADJUDGED,

AND DECREED that:

1.

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 Cynthia
Beecher, Jessica Winkler, Robert Beecher, and William
Winkler, their heirs, successors, and assigns and all
other persons and entities are vested in the United
States of America;

2.

Cynthia Beecher,

Jessica Winkler,

Robert Beecher,

and

William Winkler, their heirs, successors, and assigns
and all other persons and entities are forever barred
from asserting a claim against the Defendant Property;

3.

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

dispose of the Defendant
regulatory procedures;

Property according to

law and

4.

The U.S. Marshals Service or an authorized designee shall
pay from the Defendant Property all expenses of the
Department

of

Justice

related

to

the

seizure

and

forfeiture of the Defendant Property; and

5.

The remaining portion of the Defendant Property shall be
deposited

by

the

U.S.

Marshals

Service

into

Forfeiture Fund in accordance with 28 U.S.C.

The

Court

Government

upon

the

DIRECTS

the

pursuant

Rule

same

terms

CLERK

and

58

of

to
the

enter

judgment

Federal

conditions

as

Rules

the

in
of

outlined

favor
Civil

in

Judgment and Final Order of Forfeiture and Distribution,
deadlines and motions,

Asset

§ 524(c).

of

the

Procedure

this

Default

TERMINATE all

and CLOSE this case.

ORDER ENTERED at Augusta, Georgia, this

/7^ day of July,

2015.

HONO£Agk£ J. RANZJAK HALL
UNIT^Ji^STATES DISTRICT JUDGE
-ST3tJTHERN DISTRICT OF GEORGIA

EXHIBIT A

-

DEFENDANT PROPERTY

1.

Remington Arms Company, Inc.,
rifle, Serial Number A2666353;

2.

Marlin Firearms,

Model

Co. 336 Model,

597,

.22 caliber

.30-30 caliber rifle,

Serial Number 23106294;

3.

High

Point

JHP

45,

.45

caliber

pistol,

Serial

No.

460571;

4.

Savage Shotgun,

5.

Mossberg

16 gauge, with no Serial Number;

500C Model

Shotgun,

20

gauge,

Serial Number

12 gauge,

Serial Number

R462435;

6.

Mossberg 600AT Model Shotgun,
H490157;

7.

JC

Higgins

Model

583.22

Shotgun,

20

gauge,

with

no

Serial Number;

8.

Savage

940B

Model

Shotgun,

12

gauge,

with

no

Serial

.22 caliber,

Serial

Number;

9.

Taurus

Rossi

S022243 Model Rifle,

Number S411220BS;

10.

Winchester

1904

Rifle,

.22

caliber,

with

no

Serial

Number;

11.

Harrington and Richardson 088 Model Shotgun,

20 gauge,

Serial Number AZ441815;

12.

30

Rounds

Winchester-Westin

Ammunition,

and

13.

777 Rounds Assorted Ammunition.

.45

caliber;