United States of America v. $31,920.00 in United States Currency

Filing 11

DEFAULT JUDGMENT against: $31,920.00 in United States Currency; Patrick Murphy; Jerrami Larron Green; and all persons or entities who claim interest in defendant property. Signed by Judge Robert C. Jones on 4/28/14. (Copies have been distributed pursuant to the NEF - JC)

1 DANIEL G. BOGDEN
United States Attorney
2 Nevada State Bar No. 2137
Michael A. Humphreys
3 Assistant United States Attorney
Lloyd D. George United States Courthouse
4 333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
5 Telephone: [phone]
Facsimile: [phone]
6 Counsel for Plaintiff
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
UNITED STATES OF AMERICA,

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Plaintiff,
v.

$31,920.00 IN UNITED STATES
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Defendant.

DEFAULT JUDGMENT OF FORFEITURE

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The United States filed a verified Complaint for Forfeiture in Rem on February 11, 2013.

18 Complaint, ECF No. 1. 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 Title

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

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forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6); 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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On July 15, 2013, the Court entered an Order for Summons and Warrant of Arrest in Rem for

5 the Property and Notice and issued the Summons and Warrant of Arrest in Rem. Order for Summons
6 and Warrant, ECF No. 4; Summons and Warrant, ECF No. 5.
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Pursuant to the Order (ECF No. 4), the Complaint (ECF No. 1), the Order (ECF No. 4), the

8 Summons and Warrant (ECF No. 5), and the Notice of Complaint for Forfeiture (ECF No. 7, p. 3-4,
9 18-19, 33-34, 48-49, 65-66, and ECF No. 7-1, p. 3 -4, 19-20, 34-35, 49-50) were served on t he
10 defendant property, all persons claiming an interest in the defendant property, and the Notice was
11 published according to law (ECF No. 6). A ll persons interested in the defendant property were
12 required to file their claims with the Clerk of the Court no later than 35 days after the notice is sent or,
13 if direct notice was not sent, no l ater than 60 d ays after the first day of publication on t he official
14 internet government forfeiture site, www.forfeiture.gov, followed by the filing of an answer to the
15 Complaint within 21 days after the filing of their respective verified claims. Complaint, ECF No. 1;
16 Order for Summons and Warrant, ECF No. 4; Summons and Warrant, ECF No. 5; Notice of
17 Complaint, ECF Nos. 7 and 7-1.
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Public notice of the forfeiture action and arrest was given to all persons and entities by

19 publication on t he official government website www.forfeiture.gov from July 17, 2013, t hrough
20 August 15, 2013. Notice of Filing Proof of Publication, ECF No. 6.
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On July 17, 2013 the United States Marshals Service served the Complaint, the Order, the

22 Summons and Warrant of Arrest in Rem for the Property, and the Notice by executing them on the
23 defendant property. Notice of Filing Service of Process, ECF No. 7, p. 1-15.
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On July 24, 2013, the United States Marshals Service served the Complaint, the Summons and

25 Warrant of Arrest in Rem for the Property, the Order, and the Notice on Patrick Murphy by certified
26 return receipt mail and regular mail. Notice of Filing Service of Process, ECF No. 7, p. 16-45.
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On July 24, 2013, the United States Marshals Service served the Complaint, the Summons and

2 Warrant of Arrest in Rem for the Property, the Order, and the Notice on Patrick Murphy, by and
3 through his counsel Kojo Moore, Esq., by regular mail. Notice of Filing Service of Process, ECF No.
4 7, p. 46-77.
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On July 24, 2013, the United States Marshals Service served the Complaint, the Summons and

6 Warrant of Arrest in Rem for the Property, the Order, and the Notice on Jerrami Larron Green, by
7 certified return receipt mail regular mail. Notice of Filing Service of Process, ECF No. 7-1, p. 1-31.
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No person or entity has filed a claim, answer, or responsive pleading within the time permitted

9 by 18 U.S.C.§ 983(a)(4) and Fed. R. Civ. P. Supp. Rule G(4) and (5).
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On March 28, 2014, the United States filed a Motion for Entry of Clerk’s Default against the

11 defendant property and all persons or entities who claim an interest in the defendant property in the
12 above-entitled action. Motion for Entry of Clerk’s Default, ECF No. 8
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On April 1, 2014, the Clerk of the Court entered a Default against the defendant property and

14 all persons or entities who claim an interest in the defendant property in the above-entitled action.
15 Clerk’s Entry of Default, ECF No. 9.
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Patrick Murphy is not in the military service within the purview of the Servicemen’s Civil

17 Relief Act of 2003.
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Jerrami Larron Green is not in the military service within the purview of the Servicemen’s

19 Civil Relief Act of 2003.
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The allegations of the Complaint are sustained by the evidence and are adopted as findings of

21 fact. The Court concludes as a matter of law that the United States is entitled to the relief requested in
22 the Complaint.
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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that

24 Default Judgment of Forfeiture be entered against: (1) the $31,920.00 in United States Currency; (2)
25 Patrick Murphy; (3) Jerrami Larron Green; and (4) and all persons or entities who claim an interest in
26 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

2 same is hereby forfeited to the United States of America, and no right, title, or interest in the property
3 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

5 cause for the seizure or arrest of the defendant property.
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___________________________________
UNITED STATES DISTRICT JUDGE

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Dated: April 28, 2014.
DATED:___________________________

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