United States of America v. $70,000 Seized from Mutual Credit Union, Account No. XXXXXX-04

Filing 13

ORDER granting 11 Motion for Default Judgment. The United States of America is hereby given a default judgment of forfeiture against $70,000 SEIZED FROM MUTUAL CREDIT UNION, ACCOUNT NO. XXXXXX-04 and against the interest therein of Lee A. Davi s and any and all persons or entities having or claiming an interest in defendant property; title to defendant property is hereby vested in the United States of America and any administrative claims or interests therein of any persons or entities, in cluding Lee A. Davis are hereby canceled; Defendant property is referred to the custody of the Internal Revenue Service (IRS) for disposition in accordance with law and regulations. Signed by Honorable David C. Bramlette, III on October 17, 2011. (lda)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
UNITED STATES OF AMERICA
V.

PLAINTIFF
CIVIL ACTION NO. 5:11cv105DCB-JMR

$70,000 SEIZED FROM MUTUAL CREDIT
UNION, ACCOUNT NO. XXXXXX-04

DEFENDANT
PROPERTY

DEFAULT JUDGMENT OF FORFEITURE
This matter comes before the Court on the Motion for Default Judgment of Forfeiture filed
by the United States of America (“Government”) and, finding that the relief sought by such motion
has merit and should be granted, the Court further finds and adjudicates as follow:
1. The Complaint for Forfeiture in Rem in this matter was filed on July 13, 2011, and
pursuant to order of this Court, the defendant property, described above, was arrested by the Internal
Revenue Service (IRS).
2. Subsequently, on July 16, 2011 and July 21, 2011, a copy of the Complaint for Forfeiture
in Rem and Notice of Forfeiture Action was served by certified mail, return-receipt requested, upon
Lee A. Davis as noted in the Proof of Service filed on October 11, 2011 (Ct. Doc. No. 8).
Additionally, a notice of the forfeiture was also published on the official government internet website
(www.forfeiture.gov) for a period of at least 30 consecutive days commencing on August 10, 2011,
as noted in the Declaration of Publication filed on September 26, 2011 (Ct. Doc. No. 5).
3. The notice informed Lee A. Davis and any other persons or entities, known or unknown,
claiming an interest in the defendant property, that the defendant property had been arrested, that this
civil forfeiture action was pending, that they had at least thirty-five (35) days from receipt of notice
to file a claim and twenty (20) days after filing the claim to file an answer. Further, for guidance in

the preparation of a claim and answer, the notice referred any such persons or entities to Rule G(5)
of Supplemental Rules of Admiralty and Maritime Claims, and warned that if this rule was not
strictly followed, any claim and answer could be stricken and a default judgment of forfeiture or
summary judgment rendered.
4. The Government took all reasonable measures to insure that Lee A. Davis and any other
possible claimant, received such notice in a timely fashion. To this date however, Lee A. Davis, nor
any other person or entity has filed a claim or answer. Therefore, Lee A. Davis and any other
possible claimants, are in total default, the Entry of Default made by the Clerk(Ct. Doc. No. 10) was
entirely proper, and the Government is entitled to a default judgment of forfeiture, all without the
necessity of any further notice to Lee A. Davis or any other person or entity.
IT IS, THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:
a.

The United States of America is hereby given a default judgment of forfeiture against

the defendant property described below:
$70,000 SEIZED FROM MUTUAL CREDIT UNION, ACCOUNT NO. XXXXXX-04
and against the interest therein of Lee A. Davis and any and all persons or entities having or claiming
an interest in defendant property;
b. Title to defendant property is hereby vested in the United States of America and any
administrative claims or interests therein of any persons or entities, including Lee A. Davis are
hereby canceled;
c. Defendant property is referred to the custody of the Internal Revenue Service (IRS) for
disposition in accordance with law and regulations.

SO ORDERED AND ADJUDGED this 17th day of October, 2011.
s/David Bramlette
UNITED STATES DISTRICT JUDGE