United States of America v. $13,870.21 in United States Currency

Filing 15

DEFAULT JUDGMENT AND DECREE OF FORFEITURE - IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: The Motion for Default Judgment and Decree of Forfeiture 14 filed by Plaintiff is hereby sustained. All right, title or interest in or to the Defendant prop erty held by any person or entity is hereby forever barred and foreclosed. The Defendant property be and the same hereby is forfeited to the United States of America. The Defendant property shall be disposed of by the U. S. Marshals Service in accordance with law. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(TCL )

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
$13,870.21 IN UNITED
STATES CURRENCY,
Defendant.

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8:11CV1
DEFAULT JUDGMENT AND
DECREE OF FORFEITURE

NOW ON THIS 5th day of July, 2011, this matter comes on before the Court upon Plaintiff's
Motion for Default Judgment and Decree of Forfeiture against the Defendant and any unknown
claimants. Plaintiff is presently represented by Nancy A. Svoboda, Assistant United States Attorney.
The Defendant is not present, neither personally nor through counsel. No Claimants are present,
neither personally nor through counsel. Upon review of the record of this case, the Court, being duly
advised in the premises, finds as follows:
1.

A Complaint for Forfeiture was filed herein on January 3, 2011. A Warrant for Arrest

in Rem was issued by this Court and was properly executed on the Defendant property by the U.S.
Marshals Service.
2.

Publication of the notice of this action and of the arrest of the Defendant property was

duly made pursuant to Order of this Court dated January 4, 2011.
3.

On January 7, 2011, the U.S. Marshals Service achieved service of the Verified

Complaint, Notice of Seizure and Procedure and Warrant In Rem on Carlos Monzon, attorney for

Claimant, Eric Holmes, as evidenced by Filing No. 8, a Process Receipt and Return. A Consent to
Forfeiture (Filing No. 9) of the Defendant property, $13,870.21 in United States Currency, was
signed by Claimant, Eric Holmes, on January 31, 2011.
4.

No person or entity entitled to the Defendant property has filed a Claim or an Answer

to Plaintiff's Complaint within the time fixed by law.
5.

The Plaintiff's Request to Enter Default was granted by this Court on June 6, 2011.

6.

Plaintiff's Motion for Default Judgment and Decree of Forfeiture should be sustained.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
A.

The Motion for Default Judgment and Decree of Forfeiture filed by Plaintiff is hereby

sustained.
B.

All right, title or interest in or to the Defendant property held by any person or entity

is hereby forever barred and foreclosed.
C.

The Defendant property be and the same hereby is forfeited to the United States of

America.
D.

The Defendant property shall be disposed of by the U. S. Marshals Service in

accordance with law.
BY THE COURT:
s/ Richard G. Kopf
United States District Judge