USA v. $189,990.00 in United States Currency

Filing 38

JUDGMENT OF FORFEITURE re ECF No. 37 Stipulated Consent Judgment : Forfeiture is entered against the sum of $89,990.00 IN UNITED STATES CURRENCY, and against all other persons, potential claimants, and/or entities, if any, having an in terest in such amount of the defendant currency, and that said amount of the defendant property ($89,990.00) be, and the same is, hereby forfeited to the United States of America and no right, title, or interest in the defendant property so forf eited shall exist in any other person or entity. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, in accordance with the stipulation of all interested parties, that the sum of $100,000.00, less any sums required to be offset by federal law , shall be returned to claimant Steven Michael Phillips free and clear of the forfeiture claims of the United States advanced herein, in care of his legal counsel. Signed by Judge Larry R. Hicks on 4/11/2017. (Copies have been distributed pursuant to the NEF - DRM)

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Case 3:16-cv-00190-LRH-VPC Document 37-1 Filed 04/10/17 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 UNITED STATES OF AMERICA, 6 Plaintiff, 7 8 Case No. 3:16-cv-190-LRH-VPC JUDGMENT OF FORFEITURE v. $189,990.00 IN UNITED STATES CURRENCY, 9 Defendant. 10 11 STEVEN MICHAEL PHILLIPS, 12 Claimant. 13 14 On April 6, 2016, a verified complaint was filed by the United States against the defendant 15 currency (hereinafter “currency”) seeking forfeiture in rem of the designated defendant currency. The 16 complaint alleges that the defendant currency is property which constitutes proceeds traceable to the 17 exchange of controlled substances in violation of the Controlled Substances Act, or is property furnished 18 or intended to be furnished by a person in exchange for a controlled substance or listed chemical in 19 violation of the Controlled Substances Act, and as such is subject to forfeiture to the United States of 20 America pursuant to 21 U.S.C. § 881(a)(6). 21 It appearing: 22 That process was fully issued in this action and returned according to law; 23 That pursuant to order issued in this action, notice of the action was published as required by 24 law; 1 Case 3:16-cv-00190-LRH-VPC Document 37-1 Filed 04/10/17 Page 2 of 2 1 2 3 4 5 6 That claimant Steven Michael Phillips filed a verified claim to the defendant currency and he is the sole claimant in this forfeiture proceeding. That claimant Steven Michael Phillips and plaintiff United States have submitted a stipulation for entry of judgment of forfeiture; That no other person or entity has filed or presented a claim to any portion of the defendant currency and the time for submitting or presenting such claims has expired. 7 NOW, THEREFORE, in accordance with the stipulation of all interested parties for entry of a 8 judgment of forfeiture, it is hereby ORDERED, ADJUDGED, AND DECREED that Judgment of 9 Forfeiture is entered against the sum of $89,990.00 IN UNITED STATES CURRENCY, and against all 10 other persons, potential claimants, and/or entities, if any, having an interest in such amount of the 11 defendant currency, and that said amount of the defendant property ($89,990.00) be, and the same is, 12 hereby forfeited to the United States of America and no right, title, or interest in the defendant property 13 so forfeited shall exist in any other person or entity. 14 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, in accordance with the 15 stipulation of all interested parties, that the sum of $100,000.00, less any sums required to be offset by 16 federal law, shall be returned to claimant Steven Michael Phillips free and clear of the forfeiture claims 17 of the United States advanced herein, in care of his legal counsel. 18 DATE:DATED this 11th day of April, 2017. _______________________ 19 20 21 ________________________________ UNITED STATES DISTRICT JUDGE ________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 22 23 24 2

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