United States of America v. $40,000.00 in United States Currency

Filing 122

Amended JUDGMENT of Forfeiture re 121 Stipulated Judgment. Signed by Judge Larry R. Hicks on 11/10/15. (Copies have been distributed pursuant to the NEF - JC)

Case 3:13-cv-00405-LRH-VPC Document 121-1 Filed 11/05/15 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Case No. 3:13-cv-405-LRH-VPC

Plaintiff,

AMENDED JUDGMENT OF FORFEITURE

v.
$40,000.00 IN UNITED STATES CURRENCY,
Defendant.

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JOHN R. GAGLIARDI,
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Claimant.
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On July 30, 2013, a verified complaint was filed by the United States against the defendant
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currency (hereinafter “currency”) seeking forfeiture in rem of the designated defendant currency. The
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complaint alleges that the defendant currency is property which constitutes proceeds traceable to the
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exchange of controlled substances in violation of the Controlled Substances Act, or is property
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furnished or intended to be furnished by a person in exchange for a controlled substance or listed
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chemical in violation of the Controlled Substances Act, and as such is subject to forfeiture to the
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United States of America pursuant to 21 U.S.C. § 881(a)(6).
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Claimant John R. Gagliardi filed a verified claim to the defendant currency and he is the sole
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claimant in this forfeiture proceeding. On June 24, 2015, Judgment was entered. On September 4,
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2015, this Court entered its order regarding claimant’s motion to recover attorneys’ fees and costs.
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Case 3:13-cv-00405-LRH-VPC Document 121-1 Filed 11/05/15 Page 2 of 2

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The United States and claimant Gagliardi each filed appeals seeking review by the Ninth

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Circuit Court of Appeals of various orders entered by the Court. The parties thereafter agreed to,

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among other things, the dismissal of the pending appeals and the entry of this Amended Judgment of

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Forfeiture to fully and finally conclude all matters arising in this litigation.

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Claimant John R. Gagliardi and plaintiff United States have submitted a stipulation for entry of
an amended judgment of forfeiture;

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NOW, THEREFORE, in accordance with the stipulation of the parties for entry of an amended

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judgment of forfeiture, it is hereby ORDERED, ADJUDGED, AND DECREED that Amended

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Judgment of Forfeiture is entered against the sum of $10,000.00 IN UNITED STATES CURRENCY,

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and against all other persons, potential claimants, and/or entities, if any, having an interest in such

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amount of the defendant currency, and that said amount of the defendant property ($10,000.00) be, and

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

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defendant property so forfeited shall exist in any other person or entity.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, in accordance with the

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stipulation of all interested parties, that the sum of $30,000.00, less any sums required to be offset by

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federal law, shall be returned to claimant John R. Gagliardi free and clear of the forfeiture claims of

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the United States advanced herein, in care of his legal counsel.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, in accordance with the

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stipulation of all interested parties, that claimant John R. Gagliardi shall recover from the United

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States attorneys’ fees and costs in the total sum of $113,000.00 pursuant to the Civil Asset Forfeiture

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Reform Act, 28 USC § 2465(b)(1)(A).

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DATE: DATED this 10th day of November, 2015.
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________________________________
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE

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