United States of America v. $17,242.00 in U.S. Currency

Filing 12

MEMORANDUM. Signed by Judge William M Nickerson on 11/4/2014. (hmls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA

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v.
$17,242.00 in U.S. CURRENCY
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Civil Action No. WMN-14-1295

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MEMORANDUM
The United States filed this action on April 16, 2014,
alleging that the defendant currency constitutes or was derived
from proceeds traceable to trafficking in contraband cigarettes
and, therefore, is subject to forfeiture under 18 U.S.C. §
981(a)(1)(C).

On May 1, 2014, Adel Ahmed Fadel, the individual

from whom the defendant currency was seized, filed an answer to
the complaint and on May 23, 2014, filed a claim to the
defendant currency.

No other claim to the currency has been

filed.
On August 8, 2014, the government served Fadel with special
interrogatories pursuant to Rule G(6) of the Supplemental Rules
for Admiralty or Maritime Claims and Asset Forfeiture Actions
(Supplemental Rules).

Under Supplemental Rule G(6)(b), Fadel’s

answers or objections to the interrogatories were due within 21
days of the date they were served, i.e., on or before August 29,
2014.

After no response was received by that date, the

government contacted Fadel’s counsel on September 10, 2014, to

remind him of his obligations under Rule G and to offer as a
courtesy a grace period to respond until September 17, 2014.
After no response was received after that extended deadline, the
government, on September 18, 2014, filed a motion to strike
Fadel’s claim and answer.

No opposition to that motion has been

filed and the time for doing so has expired.
Supplemental Rule G(8)(c)(i)(A) provides that “[a]t any
time before trial, the government may move to strike a claim or
answer for failing to comply with . . . Rule G(6).”

See also

United States v. $10,460.00 in U.S. Currency, Civ. No. 12-2395,
2013 WL 3043408, at *1 (D. Md. June 18, 2013) (striking the
claim and answer of claimant for failing to respond to the
government’s special interrogatories and collecting cases).

If

the court grants a Rule G(8)(c) motion to strike and there are
no other claimants, the court may also enter judgment for the
government.

See United States v. Assorted Jewelry Valued at

$13,430.00, Civ. No. 11-777, 2013 WL 775542, at *2 (D.N.J. Feb.
28, 2013) (granting motion to strike and immediately entering
default judgment in the absence of any other claims).

Given the

lack of any response from Fadel either to the special
interrogatories or to the government’s motion to strike, the
Court will grant the government’s motion.

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Given the absence of

any other claimants, the Court will also enter judgment in favor
of the government.

A separate order will issue.

_______________/s/________________
William M. Nickerson
Senior United States District Judge

DATED: November 4, 2014

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