UNITED STATES OF AMERICA v. ONE 2010 JEEP WRANGLER et al

Filing 8

ORDER granting 7 Motion for Default Judgment & Final order of Forfeiture***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 1/30/2014. (nr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,

Civ. No. 2:13-6099 (KM)

Plaintiff,
v.

DEFAULT JUDGMENT AND FINAL
ORDER OF FORFEITURE

:

ONE 2010 JEEP WRANGLER (VIN:
1J4HA5H1 1AL22 1613), ONE
2009 NISSAN 370Z (VIN:
WAUFAFL8AA 172602); $20,000
in UNITED STATES CURRENCY
Defendants in rem.

THIS MATTER having been opened to the Court by Plaintiff, the United
Peter
States of America, on a Motion for Default Judgment, Docket No. 7; and
ation in
W. Gaeta, Assistant United States Attorney having filed a Declar
7-1),
Support of Default Judgment and Final Order of Forfeiture (Docket No.
ty for
including a copy of the Verified Complaint for Forfeiture In Rem, Warran
of
Arrest In Rem, and Notice of Forfeiture (Exhibit A) and the Declaration
of Civil
Publication and Advertisement Certification Report of the Notice
and
Forfeiture (Exhibit B); and the Court having considered the moving papers
the entire case file; and
IT APPEARING that on October 11, 2013, a Verified Complaint for
ty,
Forfeiture In Rem was filed in this Court against the defendant proper
Nissan
namely one 2010 Jeep Wrangler, VIN: 1J4HA5H 1 1AL22 1613, one 2009
cy
370Z, VIN: WAUFAFL8AA1726O2, and $20,000 in United States curren
577
seized from Safe Deposit Box #308 at Hudson City Savings Bank,
Lakehurst Road, Toms River, New Jersey to enforce to provisions of 21 U.S.C.
all
Section 881(a)(4), which subjects to forfeiture to the United States
or are
conveyances, including aircraft, vehicles, or vessels, which are used,
rtation,
intended for use, to transport, or in any manner to facilitate the transpo
ce in
sale receipt, possession, or concealment of a controlled dangerous substan
which
violation of 21 U.S.C. Section 801, et seq., and/or 21 U.S.C. 881(a)(6),
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securities, and other
subjects to forfeiture all moneys, negotiable instruments,
in exchange for a
things of value furnished or intended to be furnished
801, et seq., and all
controlled substance in violation of 21 U.S.C. Section
proceeds traceable to such an exchange; and
st In Rem issued
IT APPEARING that, pursuant to the Warrant for Arre
United States Marshal
by the clerk of the Court on October 15, 2013, the
Service seized the defendant property; and
inistrative claim
IT APPEARING that a letter of representation and adm
Offices of Jonathan F.
was received from Thomas V. Campo, Esq. (of The Law
y 07701), on behalf of
Marshall, 157 Broad St., Suite 111, Red Bank, New Jerse
of the defendant
potential claimaint Tyler Sargent, regarding the forfeiture
property; and
States sent the
IT APPEARING that on October 22, 2013, the United
st In Rem, and a
Verified Complaint for Forfeiture In Rem, Warrant for Arre
ested to potential
Notice of Forfeiture by certified mail, return receipt requ
Esq.; and
claimant Tyler Sargent, do his attorney Thomas V. Campo,
Complaint for
IT APPEARING that on October 24, 2013, the Verified
of Forfeiture were
Forfeiture In Rem, Warrant for Arrest In Rem, and Notice
ney Thomas V.
received by potential claimant Tyler Sargent, c/ o his attor
Campo, Esq.; and
3, stated that a
IT APPEARING that the Notice of Forfeiture, Docket No.
order to contest the
claim had to be filed no later than November 26, 2013 in
forfeiture; and
ed on an official
IT APPEARING that notice of Civil Forfeiture was post
30 consecutive
government internet website (www.forfeiture.gov) for at least
G(4)(a)(iv)(C) of the
days, beginning on September 19, 2013, as required by Rule
Asset Forfeiture
Supplemental Rules for Admiralty or Maritime Claims and
Actions; and
defendant
IT APPEARING that, in order to avoid forfeiture of the
st, the defendant
property, any person claiming an interest in, or right again
ying the specific
property must file a claim under penalty of perjury identif
nt’s interest in
property claimed, identifying the claimant and stating the claima
lemental Rules for
the property in the manner set forth in Rule G(5) of the Supp
2

of Civil
Admiralty or Maritime and Asset Forfeiture Claims, Federal Rules
such
Procedure and 18 U.S.C. Section 983(a)(4)(A), except that in no event may
aboveclaim be filed later than 60 days after the first day of publication on the
claim,
referenced official government internet website, and having filed such a
the filing
must also file an answer to the complaint not later than 20 days after
of the claim; and
the
IT APPEARING that no claim has been filed by any person within
alty or
time permitted by Rule G(5) of the Supplemental Rules for Certain Admir
the
Maritime and Asset Forfeiture Claims, Federal Rules of Civil Procedure for
defendant property in this matter;
IT IS this 30th day of January 2014,

ORDERED and ADJUDGED that a Default Judgment and Final Order of
ler,
Forfeiture is granted against the defendant properly—one 2010 Jeep Wrang
VIN:
370Z,
Nissan
2009
one
1J4HA5H11AL221613,
VIN:
Safe
WAUFAFL8AA1726O2, and $20,000 in United States currency seized from
Toms
Deposit Box #308 at Hudson City Savings Bank, 577 Lakehurst Road,
ty shall
River, New Jersey, and no right, title, or interest in the defendant proper
exist in any other party; and it is further
ing
ORDERED AND ADJUDGED that any and all forfeited funds, includ
ts,
but not limited to currency, currency equivalents, and certificates of deposi
e’s
as well as any income derived as a result of the United States Marshal Servic
and
management of any property forfeited herein, after the payment of costs
of the
expenses incurred in connection with the forfeiture and disposition
al
forfeited property, shall be deposited forthwith by the United States Marsh
ance
Service into the Department of Justice Asset Forfeiture Fund, in accord
with the law.

/ kJ(

KEVIN MCNULTY
United States District Judge

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