UNITED STATES OF AMERICA v. $175,000 IN UNITED STATES CURRENCY

Filing 6

ORDER granting 5 Motion for Default Judgment and Final Order of Forfeiture ***CIVIL CASE TERMINATED. Signed by Judge Katharine S. Hayden on 4/16/12. (jd, )

PAUL J. FISHMAN
United States Attorney
By: LAKSHMI SRINIVASAN HERMAN
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. Katharine S. Hayden

Plaintiff,

Civil Action No. 12-205 (KSH)

v.

DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE

$175,000 IN UNITED STATES CURRENCY
Defendant in rem.

WHEREAS, on January 11, 2012, a Verified Complaint for Forfeiture was
filed in the United States District Court for the District of New Jersey against
$175,000 in United States currency (the “Defendant Property”) to enforce the
provisions of 18 U.S.C.

§

981(a)(1)(C), which subjects to forfeiture to the United

States all property, real or personal, which constitutes or is derived from
proceeds traceable to a violation of 15 U.S.C.

§

78ff(a); and

WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the
Clerk of the Court on January 13, 2012, the Federal Bureau of Investigation
seized the Defendant Property; and
WHEREAS, on or about January 25, 2012, the Verified Complaint for
Forfeiture, Warrant for Arrest In Rem, and a Notice of Forfeiture were sent

certified mail, return receipt requested to Frances John Murray, Esq., Murray
& McCann, 100 Merrick Road, Suite 514 West, Rockville Center, New York
11570, counsel for Kenneth Robinson (See Declaration of Lakshmi Srinivasan
Herman with Exhibits, Exhibit A, hereinafter “Herman Decl.” filed herein); and
WHEREAS, on or about January 28, 2012, copies of the Verified
Complaint for Forfeiture, Warrant for Arrest In Rem, and Notice of Forfeiture
were received by Frances John Murray, Esq., Murray & McCann, 100 Merrick
Road, Suite 514 West, Rockville Center, New York 11570, counsel for Kenneth
Robinson (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 www.forfeiture.gov for at least 30
consecutive days, beginning on January 20, 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 (Herman Decl., Exhibit B); and
WHEREAS, in order to avoid forfeiture of the Defendant Property, any
person claiming an interest in, or right against, the Defendant Property must
file a conforming Claim under penalty of perjury identifying the specific
property claimed, identifying the claimant and stating the claimant’s interest in
the property in the manner set forth in Rule G(5)(a) of the Supplemental Rules

2

for Admiralty or Maritime and Asset Forfeiture Actions, Federal Rules of Civil
Procedure and 18 U.S.C. § 983(a)(4)(A), except that in no event may such Claim
be filed by those known to be reasonably interested later than February 29,
2012, or, as applicable, no later than 30 days after the final publication of
notice of the filing of the complaint or no later than 60 days after the first day
of publication on an official government internet web site, namely
www.forfeiture .gov; and
WHEREAS, no 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 by any potential claimant in this matter.
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 Property, namely $175,000 in United States currency,
and no right, title or interest in the Defendant Property 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 Marshals 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 Marshals Service
3

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

day of

H NORABLE KJTHARINE S. HAYDEN
UNITED STATE DISTRICT JUDGE

4

,

2012