United States of America v. $10,400.00 in United States Currency

Filing 12

DEFAULT JUDGMENT OF FORFEITURE. IT IS HEREBY ORDERED that Default Judgment of Forfeiture be entered against the defendant property and all persons or entities who claim an interest in the defendant property. IT IS 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. IT IS HEREBY CERTIFIED, pursuant to 28:2465(a)(2), that there was reasonable cause for the seizure or arrest of the defendant property. Signed by Chief Judge Robert C. Jones on 1/31/2012. (Copies have been distributed pursuant to the NEF - MLC)

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DANIEL G. BOGDEN
United States Attorney
Nevada Bar No. 2137
MICHAEL A. HUMPHREYS
Assistant United States Attorney
Lloyd D. George United States Courthouse
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Counsel for the United States of America

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Plaintiff,
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v.
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$10,400.00 IN UNITED STATES CURRENCY, )
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Defendant.
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UNITED STATES OF AMERICA,
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3:11-CV-510-RCJ (VPC)

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DEFAULT JUDGMENT OF FORFEITURE

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The United States filed a verified Complaint for Forfeiture in Rem on July 15, 2011. Docket
#1. The Complaint (#1) alleges the defendant property:
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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Section 801, et seq., and is subject to forfeiture pursuant to 21 U.S.C. Section

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881(a)(6);

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b.

is proceeds traceable to exchanges of controlled substances in violation of Title

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

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subject to forfeiture pursuant to 21 U.S.C. Section 881(a)(6);

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c.

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

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

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forfeiture pursuant to 21 U.S.C. Section 881(a)(6).

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It appearing that process was fully issued in this action and returned according to law;

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On September 19, 2011, the Court entered an Order for Summons and Warrant of Arrest in

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Rem for the Property and Notice and issued the Summons and Warrant of Arrest in Rem. #3, #4.

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Pursuant to the Order (#3), the Complaint (#1), the Order (#3), the Summons and Warrant

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(#4), and the Notice of Complaint for Forfeiture (#7) were served on the defendant property, and the

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Notice was published according to law. #7. All persons interested in the defendant property were

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required to file their claims with the Clerk of the Court within 30 days of the publication of the Notice

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or within 35 days of actual notice of this action, as applicable, followed by the filing of an answer to

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the Complaint within 21 days after the filing of their respective claims. #1, #3, #4, #5, #7.

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

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publication on the official government website www.forfeiture.gov from September 21, 2011, through

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October 20, 2011. #5, p. 2-4.

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On October 4, 2011, the United States Marshals Service served the Complaint, the Order, the

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Summons and Warrant of Arrest in Rem for the Property, and the Notice by executing them on the

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defendant property. #7, p. 2-15.

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On October 20, 2011, the Notice of Filing Proof of Publication Process was filed. #5.

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On November 3, 2011, the United States filed a Settlement Agreement, Stipulation for Entry

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of Judgment of Forfeiture as to Alexandre Bacon, and Order, regarding the $10,400.00 in United

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States Currency. Alexandre Bacon waived, among other things, service of process. #7.

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On December 9, 2011, the Court entered the Order granting the Settlement Agreement,
Stipulation for Entry of Judgment of Forfeiture as to Alexandre Bacon, and Order. #8.
No other person or entity has filed a claim, answer, or responsive pleading within the time
permitted by 18 U.S.C.§ 983(a)(4) and Fed. R. Civ. P. Supp. Rule G(4) and (5).
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On December 14, 2011, the United States filed a Request for Entry of Default against the

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defendant property and all persons or entities who claim an interest in the defendant property in the

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above-entitled action. #9.

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On December 15, 2011, the Clerk of the Court entered a Default against the defendant

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property and all persons or entities who claim an interest in the defendant property in the above-

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entitled action. #10.

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Alexandre Bacon is not in the military service within the purview of the Servicemembers
Civil Relief Act.

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The allegations of the Complaint are sustained by the evidence and are adopted as findings

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of fact. The Court concludes as a matter of law that the United States is entitled to the relief requested

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in the Complaint.

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

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Default Judgment of Forfeiture be entered against the defendant property and all persons or entities

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who claim an interest in the defendant property in the above-entitled action.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that said property be, and the

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same is hereby forfeited to the United States of America, and no right, title, or interest in the property

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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
cause for the seizure or arrest of the defendant property.

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___________________________________
UNITED STATES DISTRICT JUDGE

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January 31, 2012
DATED:___________________________

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