United States of America v. $41,560.00 in United States Currency

Filing 20

DEFAULT JUDGMENT OF FORFEITURE is hereby entered against (a) $41,560.00 in United States Currency; (b) Joseph James Meadows; and (c) all other persons or entities who may claim an interest in the defendant property in the above-entitled action. FURTHER ORDERED that said property be, and the same is hereby forfeited to the United States of America, and no right, title, or interest in the property shall exist in any other party. HEREBY CERTIFIED, pursuant to 28 U.S.C. § 2465(a)(2), that there was reasonable cause for the seizure or arrest of the defendant property. Signed by Judge Lloyd D. George on 2/11/14. (Copies have been distributed pursuant to the NEF - MMM)

1 DANIEL G. BOGDEN
United States Attorney
2 Nevada Bar No. 2137
MICHAEL A. HUMPHREYS
3 Assistant United States Attorney
U.S. Attorney’s Office
4 333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
5 Telephone: [phone]
Facsimile: 702-388-6787
6 Email: [e-mail]
Attorneys for the United States
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

10 UNITED STATES OF AMERICA,
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Plaintiff,
v.

13 $41,560.00 IN UNITED STATES
CURRENCY,
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Defendant.
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) 2:12-CV-1871-LDG-(VCF)
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DEFAULT JUDGMENT OF FORFEITURE
The United States filed a verified Complaint for Forfeiture in Rem (ECF No. 1) on

18 November 1, 2012. The Complaint (ECF No. 1) alleges the defendant property:
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a.

was furnished or was intended to be furnished in exchange for controlled

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substances in violation of Title II of the Controlled Substances Act, 21 U.S.C.

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§ 801 et seq., and is subject to forfeiture to the United States pursuant to 21

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U.S.C. § 881(a)(6);

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b.

is proceeds traceable to exchanges of controlled substances in violation of

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Title II of the Controlled Substances Act, 21 U.S.C. § 801 et seq., and is

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subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6);

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and

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c.

was used or was intended to be used to facilitate violations of Title II of the

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Controlled Substances Act, 21 U.S.C. § 801 et seq., and is subject to forfeiture

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to the United States pursuant to 21 U.S.C. § 881(a)(6).

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Public notice of the forfeiture action and arrest was given to all persons and entities by

5 publication on the official government website www.forfeiture.gov from November 30, 2013,
6 through December 29, 2013. Notice of Filing Proof of Publication, ECF No. 16.
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On November 5, 2012, the Court entered an Order for Summons and Warrant of Arrest in

8 Rem for the Property and Notice (ECF No. 3) and issued the Summons and Warrant of Arrest in
9 Rem for the Property (ECF No. 4).
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Pursuant to the Order (ECF No. 3), the Complaint (ECF No. 1), the Order (ECF No. 3), the

11 Summons and Warrant (ECF No. 4), and the Notice of Complaint for Forfeiture (ECF No. 10, p. 4-5,
12 21-22, 40-41, 56-57) were served on the defendant property and all persons claiming an interest in
13 the defendant property. All persons interested in the defendant property were required to file their
14 claims with the Clerk of the Court no later than 35 days after the notice of this action was sent by
15 mail, followed by the filing of an answer to the Complaint within 21 days after the filing of their
16 respective claims. Complaint, ECF No. 1; Order for Summons and Warrant of Arrest in Rem for the
17 Property and Notice, ECF No. 3; Summons and Warrant Issued by the Clerk, ECF No. 4; Notice of
18 Filing Service of Process, ECF No 10.
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On January 2, 2013, the United States Marshals Service served the Complaint, the Order, the

20 Summons and Warrant of Arrest in Rem for the Property, and the Notice by executing them on the
21 defendant property. Notice of Filing Service of Process, ECF No. 10, p. 3-18.
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On January 3, 2013, the United States Marshals Service served the Complaint, the Order, the

23 Summons and Warrant of Arrest in Rem for the Property, and the Notice on Joseph James Meadows
24 by regular mail and certified return receipt mail. Notice of Filing Service of Process, ECF No. 10, p.
25 19-54.
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On January 30, 2013, the United States Marshals Service served the Complaint, the Order,

2 the Summons and Warrant of Arrest in Rem for the Property, and the Notice on Joseph James
3 Meadows, by and through his counsel Michael V. Cristalli, by personal, in-hand service. Notice of
4 Filings Service of Process, ECF No. 10, p. 55-70.
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On January 24, 2013, an Answer and a Claim were filed with the Court by Joseph James

6 Meadows. Answer, ECF No. 5; Claim, ECF No. 6.
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On November 15, 2013, a Stipulated Withdrawal of Claim was filed by Joseph James

8 Meadows. Stipulated Withdrawal of Claim, ECF No. 14.
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On November 25, 2013, an Order granting the Stipulated Withdrawal of Claim was entered

10 by the Court. Order, ECF No. 15.
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On February 5, 2014, the United States filed a Request for Entry of Default against the

12 defendant property and all persons or entities who claim an interest in the defendant property in the
13 above-entitled action. Request for Entry of Default, ECF No. 17.
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On February 6, 2014, the Clerk of the Court entered a Default against the defendant property

15 and all persons or entities who claim an interest in the defendant property in the above-entitled
16 action. Default, ECF No. 18.
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No other person or entity has filed a claim, answer, or responsive pleading within the time

18 permitted by 18 U.S.C.§ 983(a)(4) and Fed. R. Civ. P. Supp. Rule G(4) and (5).
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Joseph James Meadows is not in the military service within the purview of the

20 Servicemembers Civil Relief Act.
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The allegations of the Complaint are sustained by the evidence and are adopted as findings of

22 fact. The Court concludes as a matter of law that the United States is entitled to the relief requested
23 in the Complaint.
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1

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that

2 Default Judgment of Forfeiture be entered against: (a) $41,560.00 in United States Currency; (b)
3 Joseph James Meadows; and (c) all other persons or entities who may claim an interest in the
4 defendant property in the above-entitled action.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that said property be, and the

6 same is hereby forfeited to the United States of America, and no right, title, or interest in the
7 property shall exist in any other party.
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IT IS HEREBY CERTIFIED, pursuant to 28 U.S.C. § 2465(a)(2), that there was reasonable

9 cause for the seizure or arrest of the defendant property.
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DATED this ____ day of February, 2014.

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_________________________________
UNITED STATES DISTRICT JUDGE
LLOYD D. GEORGE

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