UNITED STATES OF AMERICA v. $16,100 IN UNITED STATES CURRENCY
Filing
15
DECREE of Forfeiture By JUDGE D. BROCK HORNBY. (mjlt)
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.
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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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