UNITED STATES OF AMERICA v. ALL RIGHT, TITLE AND INTEREST IN THE REAL PROPERTY AND APPURTENANCES KNOWN AS 3280 WIDEMAN AVENUE S.E. PALM BAY, FLORIDA, 32909

Filing 5

ORDER granting 4 Motion for Default Judgment/Forfeiture ***CIVIL CASE TERMINATED. Signed by Judge William J. Martini on 2/9/15. (DD, )

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

v.

Hon. William J. Martini, U.S.D.J.

:

Civil Action No. 14-1984

:

Plaintiff,

:

DEFAULT JUDGEMENT AND
FINAL ORDER OF FORFEITURE

ALL RIGHT, TITLE AND INTEREST
IN THE REAL PROPERTY AND
APPURTENANCES KNOWN AS
3280 WIDEMAN AVENUE S.E.,
PALM BAY, FLORIDA, 32909,
Defendant in Rem.

WHEREAS, on or about March 28, 2014, the United States commenced a
civil action for the forfeiture of 3280 Wideman Avenue S.E., Palm Pay, Florida,
32909 (the “Defendant Property”), by the filing of a Verified Complaint for
Forfeiture in Rem (the “Verified Complaint”). The Verified Complaint alleges
that the Defendant Property is subject to forfeiture to the United States (i)
pursuant to 18 U.S.C.

§

981(a)(1)(C), as proceeds traceable to a conspiracy to

commit wire fraud, contrary to 18 U.S.C

§

§

1343, in violation of 18 U.S.C.

1349; conspiracy to traffic in counterfeit goods or services, in violation of 18

U.S.C.

§

2320(a); and conspiracy to commit fraud and related activity in

connection with authentication features, in violation of 18 U.S.C.
and (f); and (ii) pursuant to 18 U.S.C.

§

§

1028(a)(8)

981(a)(1)(A), as property involved in

money laundering transactions or attempted transactions in violation of 18
U.S.C.

§ 1956 and 1957. (Verified Complaint ¶ 2);
WHEREAS, on or about April 1, 2014, the United States filed a Notice of

Complaint for Forfeiture Against Real Property (Doc. 2) (the “Notice of
Complaint”). The Notice of Complaint stated that any person who wished to
assert an interest in and avoid forfeiture of the Defendant Property was
required to file a verified claim with the Clerk of the Court within thirty-five (35)
days after the date the Notice of Complaint was sent or the date of delivery, if
personally served. The Notice of Complaint also detailed the procedure for
filing a claim and answer;
WHEREAS, pursuant to 18 U.S.C.

§ 985(c)(1)(B), on or about May 16,

2014, the United States Marshals Service posted the Notice of Complaint on
the Defendant Property. (See Declaration of Barbara A. Ward (“Ward Deci.”) &
Exhibit (“Ex.”) A, filed herein);
WHEREAS, on or about April 3, 2014, the United States sent copies of
the Verified Complaint and the Notice of Complaint by certified mail, return
receipt requested, to Sean Ray Roberson at the Hudson County Correctional
Center, 30-35 South Hackensack Avenue, Kearny, New Jersey 07032-4690.
The envelope was delivered to the Hudson County Correctional Center on April
7, 2014. The Notice of Complaint stated that to contest the forfeiture, a claim
had to be filed within thirty-five (35) days after the date the Notice of Complaint
was sent (i.e., May 8, 2014) or the date of delivery, if personally served. (See
Ward Decl.

¶ 5 & Ex. B);

2

WHEREAS, on or about April 3, 2014, the United States sent copies of
the Verified Complaint and the Notice of Complaint by certified mail, return
receipt requested, to Sean Ray Roberson, 1041 Pandora Road S.E., Palm Bay,
Florida 32909-6094. The Notice of Complaint stated that to contest the
forfeiture, a claim had to be filed within thirty-five (35) days after the date the
Notice of Complaint was sent (i.e., May 8, 2014) or the date of delivery, if
personally served. (See Ward Deci.

¶ 6 & Ex. C); and

WHEREAS, on or about April 3, 2014, (See Ward Decl. Exhibit D); and
WHEREAS, on or about April 4, 2014, Patrick McMahon received copies
of the Verified Complaint for Forfeiture In Rem and a Notice of Complaint for
Forfeiture Against Real Property (See Ward Deci. Exhibit D); and
WHEREAS, on or about April 3, 2014, the United States sent copies of
the Verified Complaint and the Notice of Complaint by certified mail, return
receipt requested, to Patrick McMahon, Esq. (Sean Roberson’s attorney in the
related criminal case), Federal Public Defender’s Office, 1002 Broad Street,
Newark, New Jersey 07102. The envelope was delivered on April 4, 2014. The
Notice of Complaint stated that to contest the forfeiture, a claim had to be filed
within thirty-five (35) days after the date the Notice of Complaint was sent (i.e.,
May 8, 2014) or the date of delivery, if personally served. (See Ward Deci.

¶7

& Ex. E);
WHEREAS, on or about April 3, 2014, the United States sent copies of
the Verified Complaint and the Notice of Complaint by certified mail, return
receipt requested, to Jennifer Dawn Roberson, 1041 Pandora Road S.E., Palm

3

Bay, Florida 32909. The envelope was delivered on April 7, 2014. The Notice
of Complaint stated that to contest the forfeiture, a claim had to be filed within
thirty-five (35) days after the date the Notice of Complaint was sent (i.e., May 8,
2014) or the date of delivery, if personally served. (See Ward Decl.

¶ 8 & Ex. E);

WHEREAS, the United States posted notice of this forfeiture action on an
official government internet site, http://www.forfeiture.gov, beginning on
April 6, 2014, and running for thirty consecutive days, through May 5, 2014,
as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil
Procedure (the “Supplemental Rules”). (See Ward Decl.

¶ 9 & Ex. F);

WHEREAS claims or answers were filed or made in this action, no other
parties have appeared to contest the action to date, and the statutory time
periods in which to do so have expired. See Supplemental Rules G(4)(b)(ii) and
G(5)(a) and 18 U.S.C.

§ 983(a)(4); and

WHEREAS, on July 31, 2014, the Clerk of the Court entered a default as
to the Defendant Property for failure of any claimant to appear to contest the
forfeiture.
NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND
DECREED:
1.

THAT a Default Judgment is granted and hereby entered against

the Defendant Property, 3280 Wideman Avenue S.E., Palm Pay, Florida, 32909;
2.

All right, title and interest in the Defendant Property is hereby

forfeited to the United States of America for disposition according to law. A

4

Final Order of Forfeiture as to the Defendant Property is hereby entered
accordingly.
3.

THAT any income derived as a result of the United States

Department of the Treasury, Internal Revenue 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 Department of the Treasury, Internal
Revenue Service into the Department of the Treasury Asset Forfeiture Fund, in
accordance with applicable law.
The Clerk is hereby directed to send copies to all counsel of record.
ORDERED this

day of2Ol5.

Ltes

5

J. MARTINI
District Judge