United States of America v. United States Currency in the Approximate Amounts of $13,995.00 and $1,684.00
ORDER granting 15 Motion for Final Order of Forfeiture, denying as moot 10 Motion for Summary Judgment.(Schroeppel, Kerry)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA,
United States Currency in the
Approximate Amounts of $13,995.00 and
Case No. 12-3005-CV-S-RED
FINAL ORDER OF FORFEITURE
Before the Court is Plaintiff=s Motion for Final Order of Forfeiture (Doc. 15). On January
6, 2012, Plaintiff filed a civil forfeiture complaint against the defendants $13,995.00 and
$1,684.00 in U.S. Currency which were seized from Ernest Underwood. Claimant Underwood
and the United States have reached a settlement as to Underwood=s claim, and the Settlement
Agreement was filed with the Court on June 15, 2012 as an Exhibit to the United States= Motion for
Preliminary Order of Forfeiture. The United States also completed the publication process, to
give notice of the forfeiture to third parties. The Proof of Publication was filed with the Court on
August 23, 2012.
No third parties have filed a claim to the defendant currency. Therefore, any third-party
interests are barred by failure of those parties to file a timely petition. It is now appropriate for the
Court to enter a final order of forfeiture, in accordance with the terms of the Settlement Agreement
between the United States and Claimant Underwood. The parties have agreed that the United
States will release to the Claimant $10,455.00 of the defendant United States currency, which is
the subject of this action, by the issuance of a check by the United States Marshals Service made
payable to Ernest Underwood c/o Stacie Bilyeu, Attorney for Underwood.
The Claimant has
agreed to the forfeiture of $5,224.00 of the defendant United States currency to the United States
pursuant to 21 U.S.C. ' 881(a)(6).
Therefore, it is hereby
ORDERED that Plaintiff=s Motion for Final Order of Forfeiture is granted. It is
ORDERED that the following property is hereby forfeited to the United States of America
pursuant to 21 U.S.C. ' 853(n):
$5,224.00 of the defendant United States currency. It is further
ORDERED that all right, title and interest to the property described above is hereby
condemned, forfeited and vested in the United States of America, and shall be disposed of
according to law. It is further
ORDERED that the United States District Court shall retain jurisdiction in the case for the
purpose of enforcing this Order.
All pending motions in this case are DENIED as MOOT.
IT IS SO ORDERED.
September 11, 2012
/s/ Richard E. Dorr
RICHARD E. DORR, JUDGE
UNITED STATES DISTRICT COURT
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