United States of America v. $3,650.00 in U.S. Currency

Filing 9

ORDER granting 7 Motion for Default Judgment and Final Order of Forfeiture (Written Opinion). Signed by Senior Judge David S. Doty on 11/28/2012. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA,
Civil No. 12-2435 (DSD/TNL)
PLAINTIFF,
v.
$3,650 IN U.S. CURRENCY,

DEFAULT JUDGMENT AND
FINAL ORDER OF
FORFEITURE

DEFENDANT.
Based on the motion of the United States for an order granting default judgment
against Melissa Stevenson, Miguel Angel Garcia-Gonzalez, and all unknown persons and
entities who have failed to file a verified claim and answer, and for a final order of
forfeiture as to the defendant currency, and based on all the files and records in this
action, and on this Court’s findings that:
1.

A verified Complaint for Forfeiture In Rem was filed on September 21,

2012, alleging that the defendant currency is subject to forfeiture to the United States
pursuant to 21 U.S.C. § 881(a)(6);
2.

A Warrant of Arrest and Notice In Rem was entered by the Clerk of Court

on September 21, 2012, directing the United States Marshal to arrest the defendant
currency; to serve all known persons and entities having an interest in the defendant
currency with a copy of the Complaint for Forfeiture In Rem and the Warrant of Arrest
and Notice In Rem; 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 currency within 35 days from the date of service and an answer to the
Complaint for Forfeiture within 21 days of the filing date of the verified statement;
3.

The United States Marshal arrested the currency, and the Notice of Judicial

Proceeding, the Complaint for Forfeiture, and Warrant of Arrest and Notice In Rem were
served by certified mail upon Melissa Stevenson and Miguel Angel Garcia-Gonzalez;
4.

The United States published a Notice of Civil Forfeiture on an official

government internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning
on September 27, 2012, as 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 defendant currency;
5.

No 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 claim and answer
provided by law has expired; and
6.

On October 22, 2012, the Plaintiff, Melissa Stevenson and Miguel Angel

Garcia-Gonzalez entered into an Agreement of Forfeiture through which they consented
to the forfeiture of the defendant currency.
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. 7) is GRANTED;
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2.

Default judgment is entered against Melissa Stevenson, Miguel Angel

Garcia-Gonzalez, and all 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
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; and
3.

All right, title and interest in the $3,650 in U.S. currency is forfeited to and

vested in the United States pursuant to 18 U.S.C. § 881(a)(6), and shall be disposed of by
the United States in accordance with law.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 28, 2012

s/David S. Doty
DAVID S. DOTY, Judge
United States District Court

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