United States of America v. $26,400.00 in United States Currency
Filing
28
DEFAULT JUDGMENT ANDDECREE OF FORFEITURE - The Plaintiff's Motion for Default Judgment and Decree of Forfeiture (Filing No. 26 ) is hereby sustained. All right, title or interest in or to the Defendant property 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 United States of America in accordance with law. Ordered by Chief Judge Laurie Smith Camp. (AOA)
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
CASE NO. 8:12CV137
Plaintiff,
vs.
DEFAULT JUDGMENT AND
DECREE OF FORFEITURE
$26,400.00 IN UNITED STATES
CURRENCY,
Defendant.
This matter is before the Court on Plaintiff=s Motion for Default Judgment and
Decree of Forfeiture (Filing No. 26) against the Defendant property, Joel Natan Cardozo,
and any other unknown individuals.
Plaintiff is presently represented by Nancy A.
Svoboda, Assistant United States Attorney. The Defendant is not present, personally or
through counsel.
No Claimants are present, personally or 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 In Rem was filed herein on April 17, 2012. A
Warrant for Arrest In Rem was issued by this Court and was properly served on the
Defendant property by the U.S. Marshals Service (Filing No. 7).
2.
Publication of the notice of this action and of the seizure of the Defendant
property was duly made pursuant to Order of this Court dated April 19, 2012 (Filing No. 6).
A Declaration of Publication was filed herein on November 7, 2012 (Filing No. 13).
3.
On May 3, 2012, the U.S. Marshals Service served Joel Natan Cardozo, by
personal service, a copy of the Complaint for Forfeiture In Rem, the Notice of Complaint
for Forfeiture and the Warrant for Arrest In Rem, as evidenced by Filing No. 10.
4.
On May 21, 2012, and on August 2, 2012, respectively, Mr. Cardozo filed a
Claim (Filing No. 9) and an Answer (Filing No. 12) to the Plaintiff’s Complaint. By Order
dated December 28, 2012 (Filing No. 22), this Court struck those pleadings due to Mr.
Cardozo’s failure to abide by other orders of the Court.
5.
The Plaintiff=s Request to Enter Default was granted by this Court on
January 4, 2013 (Filing No. 25).
6.
Plaintiff=s Motion for Default Judgment and Decree of Forfeiture should be
sustained.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
A.
The Plaintiff’s Motion for Default Judgment and Decree of Forfeiture (Filing
No. 26) 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 United States of
America in accordance with law.
DATED this 1st day of February, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
2
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