United States of America v. $28,730.00 United States Currency

Filing 11

DEFAULT JUDGMENT OF FORFEITURE Signed by Chief District Judge Halil S. Ozerden on 3/5/2025 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
UNITED STATES OF AMERICA

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v.
$28,730.00 UNITED STATES
CURRENCY

PLAINTIFF
Civil No. 1:24-cv-387-HSO-BWR

DEFENDANT

DEFAULT JUDGMENT OF FORFEITURE
Before this Court is Plaintiff United States of America’s Motion for Default
Judgment of Forfeiture [10]. Having considered the motion and the relevant
statutes and jurisprudence in this matter, this Court finds that the relief the United
States seeks has merit and should be granted. This Court further finds and
adjudicates as follows:
1.

On December 30, 2024, the United States filed a Verified Complaint

for Forfeiture in Rem [1], alleging that the Defendant Property is subject to
forfeiture under 21 U.S.C. § 881, for violations of 21 U.S.C. §§ 841 (drug trafficking)
and 846 (drug conspiracy).
2.

On December 31, 2024, the Court issued a Warrant of Arrest in Rem

[4] for the Defendant Property.
3.

Under Rule G(4)(b)(i) of the Supplemental Rules for Admiralty or

Maritime Claims and Asset Forfeiture Actions, the United States served direct
written notice of this civil asset forfeiture action, including copies of the Verified
Complaint for Forfeiture in Rem [1] and Notice of Complaint for Forfeiture [2], to all
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potential claimants reasonably known to the United States, as evidenced by the
United States’ Proof of Service [6].
4.

Beginning on January 1, 2025, the United States published for thirty

(30) consecutive days on an official government internet website at
www.forfeiture.gov, notice of the instant case, as evidenced by the Proof of
Publication [7].
5.

The aforementioned publication and direct notices informed Joseph

Kennard White, Charlie A. Carr, Esq, (in his capacity as attorney for Joseph
Kennard White), and all other persons or entities, known or unknown, having or
claiming an interest in the Defendant Property that the Defendant Property had
been arrested and that this instant civil forfeiture action was pending. The
publication and direct notices also informed said persons and entities that they had
thirty-five (35) days after being sent direct notice or sixty (60) days after the first
date of the published notice to file a claim, and twenty (21) days thereafter to file an
answer. Furthermore, the notice referred any such persons or entities to Rule G(5)
of the Supplemental Rules of Admiralty and Maritime Claims and Asset Forfeiture
Actions, and warned that if the Supplemental Rules were not strictly followed, the
Court could strike any claim and answer and enter default judgment of forfeiture or
summary judgment against any improperly claimed interest in the Defendant
Property.
6.

The United States took all reasonable measures to ensure that Joseph

Kennard White, Charlie A. Carr, Esq, (in his capacity as attorney for Joseph

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Kennard White), and all other possible claimants received such notice in a timely
fashion.
7.

As of this date, no claims, answers, or appearances have been filed to

assert an interest in the Defendant Property, or to otherwise defend against this
instant forfeiture action, by Joseph Kennard White, Charlie A. Carr, Esq, (in his
capacity as attorney for Joseph Kennard White), or any other person or entity.
Thus, the time pursuant to Supplemental Rule G, for Joseph Kennard White,
Charlie A. Carr, Esq, (in his capacity as attorney for Joseph Kennard White), or any
other person or entity to file a valid claim and answer in this action has lapsed.
8.

As such, Joseph Kennard White, Charlie A. Carr, Esq, (in his capacity

as attorney for Joseph Kennard White), and all other possible claimants are in
complete and total default in accordance with Local Uniform Rule G(8)(b) and
Federal Rules of Civil Procedure 55(b). 1 The Clerk of Court’s March 4, 2025, Entry
of Default [9] was proper; and the United States is entitled to a default judgment of
forfeiture against the full interests of Joseph Kennard White, Charlie A. Carr, Esq,
(in his capacity as attorney for Joseph Kennard White), and all other persons and
entities in the Defendant Property, all without the necessity of further notice to
Joseph Kennard White, Charlie A. Carr, Esq, (in his capacity as attorney for Joseph
Kennard White), or any other person or entity.

1 No hearing under Rule 55 of the Federal Civil Rules of Procedure is necessary. No party has
made an appearance by filing a timely claim and answer within the time stated in the direct or
published notice. Therefore, all claims arising afterward would otherwise be untimely.

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IT IS, THEREFORE, ORDERED AND ADJUDGED THAT:
a.

The United States of America is hereby given a default judgment and a

complete and final judgment of forfeiture against the full interests of Joseph
Kennard White, Charlie A. Carr, Esq, (in his capacity as attorney for Joseph
Kennard White), and all other persons and entities in the Defendant Property
described below:
Asset ID
25-DEA716122
b.

Asset Description
$28,730.00 U.S. Currency, on Tuesday, October 10, 2024, from
Joseph Kennard White, after a traffic stop near 15299 Crossroads
Parkway (Starbucks), Gulfport, Mississippi
Any administrative claims or interests therein of any entities or

persons, including Joseph Kennard White, Charlie A. Carr, Esq, (in his capacity as
attorney for Joseph Kennard White), and any other possible claimant are hereby
canceled.
c.

The Defendant Property is referred to the custody of U.S. Marshals

Service and/or the Drug Enforcement Administration for disposition in accordance
with the relevant law and regulations.
SO ORDERED AND ADJUDGED, this 5th day of March 2025.

s/ Halil Suleyman Ozerden

HALIL SULEYMAN OZERDEN
CHIEF UNITED STATES DISTRICT JUDGE

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