United States of America v. Vehicle 2003 Chevrolet Avalanche, VIN 3GNEK13T73G131767 et al

Filing 43

ORDER Reopening Case, Consent Judgment and Final Order of Forfeiture re 42 Stipulation filed by United States of America. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,

Civil No. 08-10226
Honorable Robert H. Cleland
Magistrate Judge Mona K. Majzoub

vs.
ONE 2003 CHEVROLET AVALANCHE
VIN: 3GNEK13T73G131767, ONE 2002
CENTURION 21' BOAT HULL
NO. FNEB0452D202, ONE BOATMATE
TRAILER VIN: 5A7BB22242T001608,
THIRTY THOUSAND DOLLARS
IN U.S. CURRENCY, ($30,000.00), SIXTY-ONE
THOUSAND SIX HUNDRED FORTY-SEVEN
DOLLARS AND EIGHTY-SEVEN CENTS
IN U.S. CURRENCY ($61,647.80) FROM FIRST
NATIONAL BANK ACCOUNT NUMBER
7700339, THIRTY-SIX THOUSAND TWO
HUNDRED SEVENTY-FIVE DOLLARS AND
TWENTY-FIVE CENTS IN U.S. CURRENCY
($36,275.25) FROM TCF BANK ACCOUNT
NUMBERS 2867954730 AND 4867954725,
AND SEVEN THOUSAND NINE HUNDRED
NINETY-SIX DOLLARS IN
U.S. CURRENCY ($7,996.00);
Defendants In Rem.
_____________________________________/

ORDER REOPENING CASE AND CONSENT
JUDGMENT AND FINAL ORDER OF FORFEITURE

Based upon the Stipulation for Entry of Order Reopening Case and for Entry
of Consent Judgment and Final Order of Forfeiture filed in this case (the
“Stipulation”), which is incorporated by reference herein, and based upon Judith
Hodgson’s Notice of Withdrawal of Claim and Answer, and the Court being
otherwise advised in the premises; now, therefore;
THE COURT HEREBY FINDS THAT
1. This action is a civil in rem forfeiture action brought pursuant to 31
U.S.C. § 53l7(c)( 2) resulting from violations of 31 U.S.C. § 5324(a).
2. This Court has jurisdiction and venue over the subject matter and the
parties, and venue over this action, pursuant to 28 U.S.C. §§ 1345,
1355, 1391, and 1395.
3. The allegations of the Complaint are well taken, the United States and
its agents had reasonable cause for seeking forfeiture of the aboveenumerated property as provided in 28 U.S.C. § 2465, the
Government’s position in this action is substantially justified as
provided in 28 U.S.C. § 2412(d)(1)(B), and Claimants shall not claim
or seek attorney fees from the United States under the Civil Asset
Forfeiture Reform Act, the Equal Access to Justice Act, or any other
act, statute, or regulation.

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THE COURT HEREBY ORDERS THAT
4. This matter is hereby reopened for the purpose of entering this Consent
Judgment and Final Order of Forfeiture.
5. The items listed below ARE HEREBY FORFEITED to the United
States pursuant to 31 U.S.C. § 53l7(c)( 2):
a)

All proceeds realized from the interlocutory sale of One 2003
Chevrolet Avalanche VIN: 3GNEK13T73G131767;

b)

All proceeds realized from the interlocutory sale of One 2002
Centurian 21' Boat with Hull No. FNEB0452D202;

c)

All proceeds realized from the interlocutory sale of One Boatmate
Trailer VIN: 5A7BB22242T001608;

d)

Thirty Thousand Dollars ($30,000.00) in United States Currency
seized on August 10, 2007;

e)

Sixty-One Thousand Six Hundred Forty-Seven Dollars and Eighty
Cents ($61,647.80) in United States Currency seized on August 10,
2007, from First National Bank account number 7700339 held in
the names of Judith Hodgson and Albert Hodgson;

f)

Thirty-Six Thousand Two Hundred Seventy-Five Dollars and
Twenty-Five Cents ($36,275.25) in United States Currency seized
on August 10, 2007, from TFC Bank account number(s)
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2867954730 and 4867954725, both held in the names of Judith
Hodgson and Albert Hodgson; and
g)

Seven Thousand Nine Hundred Ninety-Six Dollars ($7,996.00) in
U.S. Currency seized on August 10, 2007,

(collectively referred to as the “Subject Property”).
Further, any right, title or interest of Claimants and their successors and
assigns, and any right, title and ownership interest of all other persons in
the Subject Property listed above in this Paragraph is HEREBY
FOREVER EXTINGUISHED, and clear title to the Subject Property IS
HEREBY VESTED in the United States of America, and the United
States Department of Homeland Security, and/or the Department of
Treasury are HEREBY AUTHORIZED to dispose of such property
according to law.
8. The parties shall bear their own costs and attorney fees in this matter.

s/Robert H. Cleland
HONORABLE ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: November 2, 2014

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