UNITED STATES OF AMERICA v. $144,650 IN UNITED STATES CURRENCY

Filing 15

DEFAULT JGM./FINAL ORDER OF FORFEITURE granting 14 Motion for Default Judgment ***CIVIL CASE TERMINATED. Signed by Judge Esther Salas on 7/15/14. (DD, )

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2012v01402/ja

PAUL J. FISHMAN
United States Attorney
By PETER W GAETA
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
Telephone: [phone]
Facsimile: [phone]
peter.gaetausdoj.gov

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Hon. Esther Salas, U.S.D.J.
Plaintiff,
Civil Action No. 12- 5690
DEFAULT JUDGMENT AND FINAL
ORDER OF FORFEITURE

$144,650 IN UNITED STATES
CURRENCY

WHEREAS, on September 12, 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 $144,650 in United States currency, to enforce the
provisions of Title 21, United States Code, Section 881(a) (6), in that it constitutes
moneys, negotiable instruments, securities, and other things of value furnished or
intended to be furnished in exchange for a controlled substance or is proceeds
traceable to such an exchange, and all moneys, negotiable instruments, and
securities used or intended to be used to facilitate a violation of the Controlled
Substances Act, Title 21, United States Code, Section 801 et seq.; and
1

WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of
the Court on September 14, 2012, the United States Marshal Service seized the
defendant property; and
WHEREAS, a letter of representation and Administrative claim was
received from Mr. Gerald M. Saluti, Esq., Saluti Law Group, 50 Park Place,
Suite 1001, Newark, New Jersey 07 102-4300 on behalf of Bradford Lee
Carper, regarding the forfeiture of $144,650 in United States currency; and
WHEREAS, on September 19, 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 potential claimant Bradford
Lee Carper, c/o his attorney Mr. Gerald M. Saluti, Esq., Saluti Law Group, 50 Park
Place, Suite 1001, Newark, New Jersey 07 102-4300. (see Declaration of Peter W.
Gaeta in Support of a Default Judgment and Final Order of Forfeiture, hereinafter
“Gaeta Dec.,” Exhibit A); and
WHEREAS, on September 20, 2012, the Verified Complaint for Forfeiture In
Rem, Warrant for Arrest In Rem, and Notice of Forfeiture were received by potential
claimant Bradford Lee Carper, c/o his attorney Mr. Gerald M. Saluti, Esq., Saluti
Law Group, 50 Park Place, Suite 1001, Newark, New Jersey 07 102-4300. (id) ; and

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WHEREAS, Notice of Civil Forfeiture was posted on an official government

internet website (www.forfeiture.gov) for at least 30 consecutive days, beginning
on September 19, 2012, as required by Rule G(4)(a)(iv)(C) of the Supplemental
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (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 Claim under penalty of perjury identifying the specific property claimed,
identifying the claimant and stating the claimant’s interest in the property in the
maimer 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, on November 21, 2012, an untimely claim and answer was

filed and signed by Mr. Gerald M. Saluti, Esq., on behalf of Bradford Lee Carper;
and
WHEREAS, on March 8, 2013, the United States filed a motion to Strike

the Answer of Would-Be Claimant Bradford Lee Carper for failure to sign and file
a timely claim and for the Entry of a Default Judgment; and

WHEREAS, on March 25, 2013, Gerald M. Saluti, Esq., on behalf of
Bradford Lee Carper, filed a brief opposing the United States motion; and
WHEREAS, on December 6, 2013, the Court granted the United States’
motion to strike the claim of Bradford Lee Carper for failure to file a timely and
conforming claim and ordered the Clerk of the Court to enter default against the
defendant property; and
WHEREAS, on December 6, 2013, the Clerk of the Court entered default
as to the defendant property; and
WHEREAS, no other Claim has been filed by any 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.
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 $144,650 in United States currency, and
no right, title or interest in the defendant property shall exist in any other party.
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

da of

HONORABLE E
R SALAS
UNITED STAT S DI TRICT JUDGE