UNITED STATES OF AMERICA v. $372,042.54 IN UNITED STATES CURRENCY, INCLUDING BUT NOT LIMITED TO: et al

Filing 20

ORDER granting 19 Motion for Default Judgment and a Final Order of Forfeiture, etc.. Signed by Judge Noel L. Hillman on 2/11/2013. (tf, )

Case 1:09-cv-05312-NLH

Document 19-1

Piled 11/13112

Page 1 of 5 PagelD: 74

PAUL J. FISHMAN
United States Attorney
By: JORDAN M. ANGER
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
Tel: [phone]
Fax: [phone]
Jordan.Angerusdoj.gov
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Hon. Noel L. Hiliman,. U.S.D.J.
Plaintiff,
Civil Action No. 1:09-cv-5312
V.

$372,042.54 IN UNITED STATES CURRENCY

:

and
$111,967.50 IN UNITED STATES CURRENCY
Defendants-in-rem

WHEREAS, on October 14, 2009, a Verified Complaint for Forfeiture was filed in the
United States District Court for the District of New Jersey against $372,042.54 in United States
currency to enforce the provisions of 31 U.S.C.

§

531 7(c)(2), which subjects to forfeiture to the

United States any property involved in or traceable to a violation of 31 U.S.C.

§

5324; and

WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of the Court
on October 22. 2009, the United States Department of Treasury, Internal Revenue Service-

Criminal Investigation seized the $372,042.54 in United States currency; and
WHEREAS, on November 2, 2009, the Verified Complaint for Forfeiture hi Rem,
Warrant for Arrest In Rein, and a Notice of Forfeiture were sent certified mail, return receipt

Case 1:09-cv-05312-NLH Document 19-1 Filed 11/13/12 Page 2 of 5 PagelD: 75

requested to Mi. Ronald M. Warren, Esq., attorney for Nicholas Papanier, Regina Papanier, and
Nicholas Papanier, Jr., at Kulzer & DiPadova, 76 Euclid Avenue, Haddonfield, New Jersey
08033 (See Declaration of Jordan M, Anger with Exhibits, Exhibit A, hereinafter “Anger Decl.”
flied herein); and
WHEREAS, on or about November 4, 2009, copies of the Verified Complaint for
Forfeiture, Warrant for Arrest In Rem, and Notice of Forfeiture were received by Mr. Ronald M.
Warren, Esq., attorney for Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., at
Kulzer & DiPadova, 76 Euclid Avenue, Haddonfield, New Jersey 08033 (Ida; and
WHEREAS, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure,
Notice of Civil Forfeiture was posted on an official internet government forfeiture website,
namely http://www.forfeiture.gov., for at least 30 consecutive days, beginning on November 6,
2009, notifying all third parties of their right to file a claim with the Court within sixty (60) days
from the first day of publication for a hearing to adjudicate the validity of their alleged legal
interest in the property (Anger Deci., Exhibit B); and
WHEREAS, on or about December 7, 2009, Nicholas Papanier, Regina Papanier, and

Nicholas Papanier, Jr., through their attorney, Mr. Ronald M. Warren, Esq., filed a Verified
Claim to the $372,042.54 in United States currency; and
WHEREAS, on September 16, 2010, a Verified Complaint for Forfeiture was filed in the
United States District Court for the District of New Jersey against $11 1,967.50 in United States
currency to enforce the provisions of 31 U.S.C.

§ 53 17(c)(2), which subjects to forfeiture to the

United States any property involved in or traceable to a violation of 31 U.S.C.

2

§

5324; and

Case 1:09-cv-05312-NLH

Document 19-1 Piled 11/13/12 Page 3 of 5 PagelD: 76

WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of the Court
on September 16, 2010, the United States Department of Treasury, Internal Revenue ServiceCriminal Investigation seized the Si 11,967.50 in United States currency; and
WHEREAS, on September 20, 2010, the Verified Complaint for Forfeiture In Rem,
Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified mail, return receipt

requested to Mr. Ronald M. Warren, Esq., attorney for Nicholas Papanier, Regina Papanier, and
Nicholas Papanier, Jr., at Kuizer & DiPadova, 76 Euclid Avenue, Haddonfield, New Jersey
08033 (Anger Dccl., Exhibit A); and
WHEREAS, on or about September 22, 2010, copies of the Verified Complaint for
Forfeiture, Warrant for Arrest In Rem, and Notice of Forfeiture were received by Mr. Ronald M.
Warren, Esq., attorney for Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., at
Kuizer & DiPadova, 76 Euclid Avenue, Haddonfield, New Jersey 08033 (Id); and
WHEREAS, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure,
Notice of Civil Forfeiture was posted on an official internet government forfeiture website,
namely http://www.forfeiture.gov., for at least 30 consecutive days, beginning on October 7,
2010, notifying all third parties of their right to file a claim with the Court within sixty (60) days
from the first day of publication for a hearing to adjudicate the validity of their alleged legal
interest in the property (Anger Dccl., Exhibit B); and
WHEREAS, on or about October 14, 2010, Nicholas Papanier, Regina Papanier, and
Nicholas Papanier, Jr., through their attorney, Mr. Ronald M. Warren, Esq., filed a Verified
Claim to the S 111,967.50 in United States currency; and

3

Case 1:09-cv-05312-NLH

Document 19-1 Filed 11/13/12 Page 4 of 5 PagelD: 77

WHEREAS, on or about February 8, 2011, a proposed order consolidating both above
referenced civil judicial forfeiture matters was granted by the Honorable Noel L. Hillman,
retaining civil action number 09-5312.
WHEREAS, on or about February 10, 2011, a motion to stay the above referenced

consolidated forfeiture matter was granted by the Honorable Noel L. Hillman.
WHEREAS, on or about November 2, 2012, a Withdrawal of the Verified Claims to the
372,042.54 in United States currency and to the $111,967.50 in United States currency
(hereinafter “defendant properties”) was filed in the United States District Court for the District of
New Jersey with the signed consent of Nicholas Papanier, Regina Papanier, and Nicholas
Papanier, Jr., and their attorneys, Mr. Ronald M. Warren, Esq., and Robert E. Welsh, Jr., Esq.,
(hereinafter “defendant properties”); and
WHEREAS, no other conforming Claim has been filed within the time required by Rule
G(5)(a) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions, Federal Rules of Civil Procedure, and 18 U.S.C.

§

983(a)(4)(A) for the defendant

property in this matter: and
NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED
1.

That a Default Judgment and a Final Order of Forfeiture is granted against the

defendant properties, namely $372,042.54 in United States currency and $1 11,967.50 in United
States currency, and no right, title or interest in the defendant properties shall exist in any other
party; and

4

Case 1:09-cv-05312-NLH

2.

Document 19-1 Filed 11/13/12 Page 5 of 5 PagelD: 78

That any and all forfeited funds, including but not limited to currency, currency

equivalents and certificates of deposits. as well as any income derived as a result of the United
States Department of the Treasury, Internal Revenue Service’s management of any property
forfeited herein after the payment of costs and expenses incurred in connection with the
forfeiture and disposition of the forfeited property, shall be deposited forthwith by the United
States Department of the Treasury, Internal Revenue Service into the Department of the Treasury
Forfeiture Fund, in accordance with the law.
The Clerk is hereby directed to send copies to all counsel of record.

ORDERED this

‘day of

,

2Ol

0
Id
thver New Jeic

HONORABLE NOEL L. HILLMAN, U.S.D.J.
UNITED STATES DISTRICT COURT

5