United States of America v. $69,910.00 U.S. Currency

Filing 7

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that all persons claiming any right, title or interest in the defendant property are held in default. IT IS FURTHER ORDERED that the defendant property is hereby forfeited to the United States of America and may be disposed of according to law. IT IS FURTHER ORDERED, FOUND AND CERTIFIED that, pursuant to 28 U.S.C. § 2465, reasonable cause existed for the seizure of the defendant property. IT IS FURTHER ORDERED that Plaintiffs motion for default judg ment against defendant property is GRANTED. (Doc. No. 5.) A separate Judgment shall accompany this Memorandum and Order. re: 5 MOTION for Default Judgment filed by Plaintiff United States of America.Signed by District Judge Audrey G. Fleissig on 7/16/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
SIXTY-NINE THOUSAND, NINE
HUNDRED AND TEN DOLLARS
($69,910.00) U.S. CURRENCY,
Defendant.

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Case No. 4:13CV00771 AGF

MEMORANDUM AND ORDER
This forfeiture action is before the Court on the motion of Plaintiff, the United
States of America, for default judgment against the defendant property, $69,910.00 in
United States currency. The defendant property was seized from Juan Williams in an
April 2012 investigation into a St. Louis area drug distribution operation and Plaintiff
asserts that it was intended to be used to purchase controlled substances in violation of
the Controlled Substances Act, 21 U.S.C. § 801 et seq.
Plaintiff initiated these in rem forfeiture proceedings on April 22, 2013, under 21
U.S.C. § 881(a)(6). Claimant Juan Williams was served with process by way of United
States mail and other potential claimants have been notified of this action by the required
publication concerning the action. No claimant has responded to service or publication.
On July 9, 2013, Plaintiff filed a motion for entry of default, and on July 11, 2013, the
Clerk of Court entered such default.

“It is within the discretion of the Court to enter a default judgment against a party
who has failed to plead or defend.” United States v. U.S. Currency in amount of
$13,000.00, No. 12-00811-CV-C-NKL, 2012 WL 5422316 at *1 (W.D. Mo. Nov. 6,
2012). Prior to the entry of a default judgment, a court should satisfy itself that the
plaintiff is entitled to judgment, by reviewing the sufficiency of the complaint and the
substantive merits of the plaintiff’s claim. Jenkins v. E. Asset Mgmt., LLC, No. 4:08-CV1032 CAS, 2009 WL 2488029 at *3 (E.D. Mo. Aug. 12, 2009). Here, after assuming that
Plaintiffs’ allegations are true, the Court concludes that Plaintiff has demonstrated
reasonable cause for seizure of the currency in question and that it is entitled to retain the
$69,910.00. Upon review of the record,
IT IS HEREBY ORDERED that all persons claiming any right, title or interest in
the defendant property are held in default.
IT IS FURTHER ORDERED that the defendant property is hereby forfeited to
the United States of America and may be disposed of according to law.
IT IS FURTHER ORDERED, FOUND AND CERTIFIED that, pursuant to 28
U.S.C. § 2465, reasonable cause existed for the seizure of the defendant property.
IT IS FURTHER ORDERED that Plaintiffs’ motion for default judgment
against defendant property is GRANTED. (Doc. No. 5.)
A separate Judgment shall accompany this Memorandum and Order.

________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 16th day of July, 2013.
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