UNITED STATES OF AMERICA v. $16,100 IN UNITED STATES CURRENCY

Filing 15

DECREE of Forfeiture By JUDGE D. BROCK HORNBY. (mjlt)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA, Plaintiff, v. SIXTEEN THOUSAND ONE HUNDRED DOLLARS ($16,100) IN UNITED STATES CURRENCY Defendant-in-rem. ) ) ) ) ) ) ) ) ) ) ) Civ. No. 2:16-cv-00204-DBH DECREE OF FORFEITURE On April 12, 2016, a Verified Complaint for Forfeiture against the defendant-in-rem $16,100 was filed by the plaintiff, United States of America (Docket Item # 1); On about April 27, 2016, the Notice of Forfeiture, Verified Complaint for Forfeiture and the Warrant of Arrest-in Rem were mailed to Steven D. DiLibero, Esq., attorney for Beatrice Miller (“Claimant”); On May 17, 2016, Claimant filed an Answer to the Verified Complaint (Docket Item # 8); On May 24, 2016, Claimant filed a claim to the defendant-in-rem (Docket Item # 9); On about June 6, 2016, the Notice of Forfeiture, Verified Complaint for Forfeiture and the Warrant of Arrest-in Rem were mailed to Jason Viorla giving him 35 days to file a claim; On about June 16, 2016, Viorla mailed an executed Acceptance of Service for the Notice of Forfeiture, Verified Complaint for Forfeiture and the Warrant of Arrest-in Rem (Docket Item # 10); On June 23, 2016, the United States filed a Service by Publication Affidavit stating that between the dates April 28, 2016 and May 27, 2016, the United States advertised the civil forfeiture of defendant-in-rem (Docket Item # 12); On July 11, 2016, the United States and Steven D. DiLibero, Esq., attorney for Beatrice Miller, entered into a Settlement Stipulation (Docket Item # 13); The deadline for Viorla to file a claim was July 12, 2016 and as of that date, no claim had been filed; WHEREAS, it appearing that process was fully issued in this action and returned according to law; and WHEREAS, it appearing from the record no claims other than Claimants, contested or otherwise, have been filed against the defendant-in-rem; The time for third parties to petition the court has now expired and no additional claim or petition has been filed; NOW THEREFORE, on plaintiff, United States of America’s Motion for Entry of a Decree of Forfeiture, it is hereby: ORDERED, ADJUDGED AND DECREED that the U. S. Drug Enforcement Administration, or its delegate, is ordered to seize the defendant-in-rem and dispose of it according to law and this Decree of Forfeiture; IT IS FURTHER ORDERED that Twelve Thousand One Hundred Dollars ($12,100.00) in United States Currency is FORFEITED to the United States and no right, title or interest shall exist in any other person or entity; and IT IS FURTHER ORDERED that Four Thousand Dollars ($4,000) shall be returned to Beatrice Miller, pursuant to the terms of the Settlement Stipulation. SO ORDERED, DATED: July 19, 2016 /s/ D. Brock Hornby D. Brock Hornby U. S. District Judge

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