UNITED STATES OF AMERICA v. $48,374.21 PREVIOUSLY CONTAINED IN BENEFICIAL BANK ACCOUNT NUMBER 280207868-1, HELD IN THE NAME OF PANKAJ H. AGRAWAL, M.D. et al

Filing 7

ORDER granting 6 Motion for Default Judgment. Default Judgment and Final Order of Forfeiture is granted against Defts. Signed by Judge Robert B. Kugler on 4/12/2013. (drw)

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2012V00753/ms
PAUL J. FISHMAN
United States Attorney
By: PETER W. GAETA
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
[phone]
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,

Hon. Robert B. Kugler, U.S.D.J.

Plaintiff,

Civil Action No. 12-3660 (RBK)

v.

DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE

$48,374.21 PREVIOUSLY CONTAINED IN
BENEFICIAL BANK ACCOUNT NUMBER
280207868-1, HELD IN THE NAME OF
PANKAJ H. AGRAWAL, M.D.; AND
$154,859.00 IN UNITED STATES
CURRENCY
Defendant in rem.
WHEREAS, on June 18, 2012, a Verified Complaint for Forfeiture was
filed in the United States District Court for the District of New Jersey against
$48,374.21 previously contained in Beneficial Bank account number
2802078681, held in the name of Pankaj H. Agrawal, M.D., and $154,859.00 in
United States currency (the "Defendant Currency”) to enforce the provisions of
21 U.S.C. § 881(a)(6), that subjects to forfeiture to the United States all monies,
negotiable instruments, securities, or other things of value furnished or
intended to be furnished by any person in exchange for a controlled substance
or represents proceeds traceable to such an exchange or was used or intended

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to be used to facilitate any violation of Title II of the Controlled Substance Act,
21 U.S.C. § 801 et seq; and

WHEREAS pursuant to the Warrant for Arrest In Rem issued by the Clerk
of the Court on June 18, 2012, the United States seized the Defendant Currency;

and

WHEREAS on or about June 28, 2012, the Verified Complaint for
Forfeiture, Warrant for Arrest In Rem, and a Notice of Forfeiture were sent
certified mail, return receipt requested to Vincent J. Pancari, Esq., Kavish,
Pancari, Tedesco & Pancari, PC, 727 Landis Avenue, Vineland, New Jersey
08362, counsel for Pankaj H. Agrawal (See Declaration of Peter Gaeta with

Exhibits, hereinafter "Gaeta Decl" at Exhibit A, filed herein); and
WHEREAS on or about June 30, 2012, copies of the Verified Complaint
for Forfeiture, Warrant for Arrest In Rem, and Notice of Forfeiture were received
by Vincent J. Pancari, Esq., Kavish, Pancari, Tedesco & Pancari, PC, 727 Landis
Avenue, Vineland, New Jersey 08362, counsel for Pankaj H. Agrawal (Id.); and

WHEREAS on August 7, 2012, a Request of the Clerk of the Court for
Entry of Default was filed in the United States District Court for the District of
New Jersey against Pankaj Agrawal for any interest he may have in the
Defendant Currency (See ECF Docket #4); and
WHEREAS on August 8, 2012, the Clerk for the United States District
Court for the District of New Jersey entered a Default against Pankaj Agrawal
for any interest he may have in the Defendant Currency; and

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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 www.forfeiture.gov for at least 30
consecutive days, beginning on June 29, 2012, notifying all third parties of their
right to file a claim with the Court within 60 days from the first day of
publication for a hearing to adjudicate the validity of their alleged legal interest
in the property (See Gaeta Decl. at Exhibit B, filed herein); and

WHEREAS no 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 Currency.

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 Currency, namely $48,374.21 previously contained in
Beneficial Bank account number 2802078681, held in the name of Pankaj H.
Agrawal, M.D., and $154,859.00 in United States currency, and no right, title
or interest in the Defendant Currency shall exist in any other party; and
2.

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 Treasury,
Internal Revenue Service’s and the United States Marshals Service's

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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 Treasury, Internal Revenue Service into the Department of
Treasury Asset Forfeiture Fund and the United States Marshals Service into
the Department of Justice Asset Forfeiture Fund, in accordance with the law.
The Clerk is hereby directed to send copies to all counsel of record.
ORDERED this 12th day of April, 2013
/s/ Robert B. Kugler
HONORABLE ROBERT B. KUGLER
UNITED STATES DISTRICT JUDGE

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