United States of America v. $14,540.00 in U.S. Currency

Filing 16

DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Paul A. Magnuson on November 29, 2011. (smr)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 11-66 (PAM/JJG)
UNITED STATES OF AMERICA,
PLAINTIFF,
V.
$14,540.00 IN U.S. CURRENCY,
DEFENDANT.

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DEFAULT JUDGMENT AND
FINAL ORDER OF
FORFEITURE

Based on the motion of the United States for an order
granting default judgment against Michael Schaumburg, Laydell
Holman,

and

all

unknown

persons

and

entities

having

an

interest in the defendant currency, and for a final order of
forfeiture as to seven thousand five hundred forty dollars
($7,540.00) of the defendant currency to the Plaintiff in
accordance with the Stipulation of Settlement that has been
entered into between the Plaintiff and Jonathan Wallace Bess;
and based on all the files and records in this action, and on
Court’s finding as follows that:
1.

A verified Complaint for Forfeiture In Rem with

supporting affidavit was filed on January 10, 2011, alleging
that the defendant is subject to forfeiture pursuant to 21
U.S.C. §881(a)(6);
2.

A Warrant of Arrest and Notice In Rem was issued by

the Clerk of Court on January 10, 2011, directing the United

States Marshal to arrest the defendant; to serve all known
persons and entities having an interest in the defendant with
a copy of the Summons, Complaint and Affidavit, and Warrant of
Arrest; and to give due notice to them to serve on the United
States Attorney and file with the Clerk of Court a verified
statement of interest in or right against the defendant within
35 days from the date of service and an answer to the
Complaint for Forfeiture within 20 days from the filing date
of the verified statement;
3.

The United States Marshal arrested the defendant

currency, and a copy of the Summons, Complaint, Warrant of
Arrest and Notice In Rem was served by certified copy on
Jonathan Bess through his attorney Daniel Guerrero, Michael
Schaumburg, and Laydell Holman;
4.

The United States published the Notice of Civil

Forfeiture

on

an

(www.forfeiture.gov)
beginning

on

official
for

January

at

23,

government
least

2011,

30
as

internet

site

consecutive

days,

required

by

Rule

G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions.

The Notice of

Civil Forfeiture advised all unknown interested third parties
of their right to petition the court within sixty (60) days of
the first date of publication for a hearing to adjudicate the

validity

of

their

alleged

legal

interest

in

the

above-described property;
5.

Jonathan Wallace Bess filed a Verified Claim and

Answer contesting the forfeiture of the defendant currency;
6.

No other verified statement of interest in or right

against the defendant currency or answer to the Complaint for
Forfeiture has been filed with the Clerk of Court or served on
the United States Attorney, and the time for filing a verified
statement and answer has provided by law has expired;
7.

On or about October 28, 2011, a settlement was

reached between the Plaintiff and Jonathan Wallace Bess,
wherein it was agreed that seven thousand five hundred forty
dollars

($7,540.00)

of

the

defendant

currency

will

be

forfeited to the Plaintiff, and that the remaining seven
thousand

($7,000.00)

of

the

defendant

currency

will

be

returned to Jonathan Wallace Bess, through his attorney of
record,
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1.

A

Schaumburg,

default

judgment

Laydell

Holman,

is
and

entered
all

against Michael

unknown

persons

and

entities having an interest in the defendant currency for
failure to file a verified statement of interest in or right
against the defendant currency and an answer to the Complaint

for Forfeiture In Rem as required by Title 18, United States
Code, Section 983(a)(4)(A) and (B), and Rule G(5) of the
Supplemental Rules For Admiralty Or Maritime Claims And Asset
Forfeiture Actions;
2.

All right, title and interest in $7,540.00 of the

defendant currency is forfeited to the United States of
America pursuant to 21 U.S.C. § 881(a)(6) for disposition in
accordance with law;
3.

The United States Marshals Service shall return seven

thousand dollars ($7,000.00) of the defendant currency to
Jonathan Wallace Bess, through his attorney of record, subject
to the terms of the Stipulation Of Settlement.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 29, 2011

s/Paul A. Magnuson
Paul A. Magnuson, Judge
United States District Court