United States of America v. $129,140.00 in U.S. Currency et al

Filing 25

ORDER granting 21 Motion for Default Judgment and Final Order of Forfeiture (Written Opinion). Signed by Senior Judge David S. Doty on 9/26/2012. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 12-292 (DSD/TNL)
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
V.
)
)
$129,140 IN U.S. CURRENCY and
)
$3,778.49 SEIZED FROM TCF BANK )
CHECKING ACCOUNT NO. 1851783852,)
)
Defendants.
)

DEFAULT JUDGMENT AND
FINAL ORDER OF
FORFEITURE

Based on the motion of the United States for an order
granting default judgment against all unknown persons and
entities who have failed to file a verified claim and answer
in this action, and for a final order of forfeiture as to the
defendant

$129,140

in

U.S.

currency;

based

upon

the

Stipulation of Settlement that has been entered into between
the Plaintiff, and John Edward Weglarz and LaMonica Trenel
Weglarz; 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 February 3, 2012, alleging
that the defendant property is subject to forfeiture to the
United States;

2.

A Warrant of Arrest and Notice In Rem was entered by

the Clerk of Court on February 3, 2012, directing the United
States Marshals Service to arrest the defendant property; to
serve all known persons and entities having an interest in the
defendant property with a copy of the 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 property 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 Marshals Service arrested the

defendant property, and a copy of the Summons, Complaint,
Warrant of Arrest and Notice In Rem was served by certified
mail upon all persons known to the United States who may have
a potential interest in the defendant property;
4.

The

Forfeiture

United
on

an

(www.forfeiture.gov)
beginning

on

States

published

official
for

February

at

a

Notice

government

of

Civil

internet

site
days,

least

consecutive

2012,

10,

30
as

required

by

Rule

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

2

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.

On March 12, 2012, a claim for the defendant property

was filed by John Edward Weglarz and LaMonica Trenel Weglarz
(hereafter, “the Claimants”). (Docket No. 5);
6.

On March 29, 2012, the Claimants filed Answers to the

Complaint for Forfeiture In Rem. (Docket Nos. 8 and 9);
7.

No other verified statement of interest in or right

against the defendant property 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
claim and answer provided by law has expired; and
8.
between

On or about August 21, 2012, a settlement was reached
the

United

States,

and

John

Edward

Weglarz

LaMonica Trenel Weglarz (hereafter, “Claimants”);

3

and

NOW, THEREFORE, IT IS HEREBY ORDERED that:
1.

The

motion

of

the

United

States

for

a

default

judgment and final order of forfeiture (Docket No. 21) is
GRANTED;
2.

A default judgment is entered against all unknown

persons and entities having an interest in the defendant
property for failure to file a verified statement of interest
in or right against the defendant property and an answer to
the Complaint for Forfeiture In Rem as required by 18 U.S.C.
§§ 983(a)(4)(A) and (B), and Rule G(5) of the Supplemental
Rules For Admiralty Or Maritime Claims And Asset Forfeiture
Actions;
3.

All

right,

title

and

interest

in

the

defendant

$129,140 in U.S. currency is forfeited to and vested in the
United States pursuant to 21 U.S.C. § 881(a)(6);
4.

The funds seized from TCF Bank Checking Account No.

1851783852, in the amount of $3,778.49, will be returned to
the Claimants, through their attorney of record, Bruce Rivers,
Rivers & Associates, P.A., 701 Fourth Avenue South, Suite 300,
Minneapolis, MN 55415.

The return of funds to the Claimants

is subject to deduction of any debts that may be owed to the
United

States,

if

any,

pursuant

4

to

the

Treasury

Offset

Program, 31 U.S.C. § 3716(c), as provided for in paragraph 6
of the Stipulation Of Settlement.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated:

September 26, 2012
s/David S. Doty
David S. Doty, Judge
United States District Court

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