United States of America v. 2001 Mercedes Benz S430, et al.

Filing 10

ORDER granting 6 Motion for Default Judgment and Final Order of Forfeiture(Written Opinion). Signed by Senior Judge David S. Doty on 5/7/2013. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA,
Civil No. 13-445 (DSD/JJK)
PLAINTIFF,
v.
2001 MERCEDES BENZ S430, VIN
WDBNG70JX1A137217; et al.,

DEFAULT JUDGMENT AND
FINAL ORDER OF
FORFEITURE

DEFENDANTS.
Based on the motion of the United States for an order granting default judgment
against Oyetoyin Oseni Atobatele, Adekunle Kayode Ayeni, Idowa Ayinla Sadiq 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 properties, 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 February 25, 2013,

alleging that the defendant properties are subject to forfeiture to the United States
pursuant to 18 U.S.C. §§ 981 (a)(1)(A) and (a)(1)(C).
2.

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

on February 25, 2013, directing the United States Secret Service to arrest the defendant
properties; to serve all known persons and entities having an interest in the defendant
properties 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 properties 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 Secret Service arrested the defendant properties. The

Notice of Judicial Proceeding, the Complaint for Forfeiture, and Warrant of Arrest and
Notice In Rem were served by certified mail upon Oyetoyin Oseni Atobatele through his
counsel of record in Crim. No. 9-341, Maury D. Beaulier, Esq., Adekunle Kayode Ayeni
through his counsel of record in Crim. No. 9-341, Eric L. Newmark, Esq., and Idowa
Ayinla Sadiq through his counsel of record in Crim. No. 9-341, John S. Hughes, Esq. in
accordance with Supplemental Rule G(4)(b)(iii)(A-B).

In addition, the United States

attempted service of the above-described document on the individuals described above at
their last known address.
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 February 27, 2013, 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 properties; and
5.

No verified statement of interest in or right against the defendant properties

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.
2

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. 6) is GRANTED;
2.

Default judgment is entered against Oyetoyin Oseni Atobatele, Adekunle

Kayode Ayeni, Idowa Ayinla Sadiq and all unknown persons and entities having an
interest in the defendant properties for failure to file a verified statement of interest in or
right against the defendant properties 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 following defendant properties are

forfeited to and vested in the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and
(a)(1)(C):
a.
b.
c.
d.
e.
f.

2001 Mercedes Benz S430, VIN WDBNG70JX1A137217;
$1,050 In U.S. Currency;
Gucci Mens 550 Series Watch;
$518 In United States Currency;
$1,570.00 in lieu of a 2005 Honda Accord, VIN 1HGCM56185A143862;
and
Eight Assorted Watches; and

4.

The defendant properties shall be disposed of by the United States in

accordance with law.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 7, 2013

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

3