UNITED STATES OF AMERICA v. $179, 726 FROM CITY NATIONAL BANK OF NEW JERSEY, CASHIERS CHECK NUMBER 121641

Filing 7

ORDER granting 6 Motion for Default Judgment & Final Order of Forfeiture ***CIVIL CASE TERMINATED. Signed by Judge Dennis M. Cavanaugh on 6/14/2012. (nr, )

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MP/ja

PAULJ. FISHMAN
United States Attorney
By: MARION PERCELL
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,
Plaintiff,

$179,726 FROM CITY NATIONAL
BANK OF NEW JERSEY,
CASHIER’S CHECK NUMBER
121641,

:

Hon. Dennis M. Cavanaugh

:

Civil Action No. 12-868
DEFAULT JUDGMENT AND FINAL
ORDER OF FORFEITURE

Defendant-in-rem.
WHEREAS, on February 13, 2012, a Verified Complaint for Forfeiture In

Rem was filed in the United States District Court for the District of New Jersey
against the defendant property, namely $179,726 from City National Bank of
New Jersey, cashier’s check number 121641 (hereinafter “defendant property”) to
enforce the provisions of Title 18, United States Code, Section 981, which
provides for the forfeiture of any property, real or personal, involved in a
transaction or attempted transaction in violation of Title 18, United States Code,
Section 1956, or any property traceable to such property, and pursuant to Title
21, United States Code, Section 88 1(a)(6), which provides for the forfeiture of all
moneys or other things of value furnished or intended to be furnished by any

person in exchange for a controlled substance or listed chemical in violation of
Title 21, United States Code, Section 801

q., and all monies traceable to

such an exchange, and all moneys, negotiable instruments, and securities used
or intended to be used to facilitate any violation of Title 21, United States Code,
Section 801 et seq.; and
WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the

Clerk of the Court on February 17, 2012, the United States Marshal Service
seized the defendant property; and
WHEREAS, on February 27, 2012, the United States sent the Verified

Complaint for Forfeiture In Rem, Warrant for Arrest In Rem, and a Notice of
Forfeiture by certified mail, return receipt requested to Brian Y. Silber, Esq.,
Silber Criminal Law Firm, 12 S.E.

th
7

Street, Suite 705, Fort Lauderdale, Florida

33301, counsel for potential claimant Elber Elias Chagui Spath (see Declaration
of Marion Percell with Exhibits, Exhibit A, hereinafter “Percell Deci.”); and
WHEREAS, on March 5, 2012, the Verified Complaint for Forfeiture In Rem,

Warrant for Arrest In Rem, and Notice of Forfeiture were received by Brian Y.
Silber, Esq., Silber Criminal Law Firm, 12 SE

th
7

Street, Suite 705, Fort

Lauderdale, Florida 33301, counsel for potential claimant Elber Elias Chagui
Spath (id.); and
WHEREAS, Notice of Civil Forfeiture was posted on an official government

internet website

for at least 30 consecutive days, beginning

on February 24, 2012, as required by Rule G(4)(a)(iv)(C) of the Supplemental
2

Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (Percell
Dccl., Exhibit B); and
WHEREAS, in order to avoid forfeiture of the defendant property, any other

person claiming an interest in, or right against, the defendant property must file
a 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) of the Supplemental Rules for Admiralty or
Maritime and Asset Forfeiture Claims, Federal Rules of Civil Procedure and 18
U.S.C. § 983(a)(4)(A), except that in no event may such Claim be filed later than
60 days after the first day of publication on the above-referenced official
government internet website, and having filed such a Claim, must also file an
answer to the complaint not later than 20 days after the filing of the Claim; and
WHEREAS no Claim has been filed by any other person within the time

permitted by Rule G(5) of the Supplemental Rules for Certain Admiralty or
Maritime and Asset Forfeiture Claims, Federal Rules of Civil Procedure for the
defendant property in this matter; that is, no Claim was filed by April 24, 2012.
NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND
DECREED:

THAT a Default Judgment and a Final Order of Forfeiture is granted
against the defendant property, namely $179,726 from City National Bank of New

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Jersey, cashier’s check number 121641, and no right, title or interest in the
defendant property shall exist in any other party; and
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 Marshal 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 Marshal Service into the Department of Justice
Asset Forfeiture Fund, in accordance with the law.

ORDERED this

/

day of

,

2012.

HO4ISM.cA
UNITED STATES DISTRI
JUDGE

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