UNITED STATES OF AMERICA v. ALL RIGHT, TITLE AND INTEREST IN 28 NETSPEND PREPAID DEBIT CARDS TOTALING APPROXIMATELY $89,175.66, MORE PARTICULARLY DESCRIBED IN THE SCHEDULE ATTACHED HERETO AS EXHIBIT A
Filing
10
ORDER granting 9 Motion for DEFAULT JUDGMENT/FINAL ORDER OF FORFEITURE ***CIVIL CASE TERMINATED. Signed by Judge Jose L. Linares on 1/26/16. (DD, )
20I5v01758/ja
PAUL J. FISHMAN
United States Attorney
By: JAFER AFTAB
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
Tel: 973.297.2020
jafer .aftab@)usdoj.gov
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Hon. Jose L. Linares, U.S.D.J.
Plaintiff,
Civil Action No. 15-6346
- v.ALL RIGHT, TITLE AND INTEREST
IN 28 NETSPEND PREPAID DEBIT
CARDS TOTALING APPROXIMATELY
$89,175.66,
DEFAULTJUDGMENT AND
FINAL ORDER OF FORFEITURE
Defendant in rem.
WHEREAS, on 21August2015, 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 all right, title and interest in 28 Netspend
prepaid debit cards totaling approximately $89, 175.66 (i) pursuant to 18 U.S.C.
§ 981(a)(l)(C) as property, real or personal, constituting or derived from proceeds
of a violation of 18 U.S.C. § 641, a specified unlawful activity within the meaning
of 18 U.S.C. § 1956(c)(7); and (ii) pursuant to 18 U.S.C. § 981(a)(l)(A) as property
involved in money laundering transactions or attempted transactions in violation
of 18 U.S.C. § 1956 or§ 1957, and property traceable to such property; and
WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the
Honorable Jose L. Linares, United States District Judge for the District of New
Jersey on 14 September 2015, the United States Secret Service seized the
defendant property; and
WHEREAS, on 29 October 2015, the United States sent the Verified
Complaint for Forfeiture In Rem and a Notice of Complaint for Forfeiture by
certified mail, return receipt requested to potential claimant Mr. Vanyo Minkov,
Prisoner number: XX:XX1050, Essex County Correctional Facility, 354 Doremus
Avenue, Newark, New Jersey 07105 (See Declaration of Jafer Aftab in Support of
a Default Judgment and Final Order of Forfeiture, hereinafter "Aftab Deel.", Ex.
A); and
WHEREAS, on or about 31 October 2015, the Verified Complaint for
Forfeiture In Rem and Notice of Complaint for Forfeiture were received by
potential claimant Mr. Vanyo Minkov, Prisoner number: XX:XX1050, Essex
County Correctional Facility, 354 Doremus Avenue, Newark, New Jersey 07105
(Id); and
WHEREAS, on 29 October 2015, the United States sent the Verified
Complaint for Forfeiture In Rem and a Notice of Complaint for Forfeiture by
certified mail, return receipt requested to potential claimant Netspend, a TSYS
Company, Skylight Financial, 701 Brazos Street, Suite 1300, Austin, Texas
78701, Attn: James L. Lyle, Custodian of Records, Subpoena Compliance
Manager, Legal Department (Aftab Deel., Ex. B); and
WHEREAS, on or about 3 November 2015, the Verified Complaint for
Forfeiture In Rem and Notice of Complaint for Forfeiture were received by
potential claimant Netspend, a TSYS Company, Skylight Financial, 701 Brazos
Street, Suite 1300, Austin, Texas 78701, Attn: James L. Lyle, Custodian of
Records, Subpoena Compliance Manager, Legal Department (Id); and
WHEREAS, Notice of Civil Forfeiture was posted on an official government
internet website (www.forfeiture.gov) for at least 30 consecutive days, beginning
on 3 November 2015, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules
for Admiralty or Maritime Claims and Asset Forfeiture Actions (Aftab Deel., Ex.
C); 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(S) 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 person within the time
permitted by Rule G(S) 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 28 Netspend prepaid debit cards totaling
approximately $89, 175.66, and no right, title or interest in the defendant
property shall exist in any other party.
THAT any and all forfeited property and any income derived as a result of
the United States Secret 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 Secret Service into the Department of Treasury Asset
Forfeiture Fund, in accordance with the law.
ORDERED this
day of
HON~BI.:
'2016.
JOSE L. LINARES
UNefED STATES DISTRICT JUDGE
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