UNITED STATES OF AMERICA v. $115,032.50 IN UNITED STATES CURRENCY

Filing 32

ORDER, granting 30 Motion for Default Judgment against $115,032.50 in United States currency; The Clerk is hereby directed to send copies to all counsel of record; etc. Signed by Judge Madeline Cox Arleo on 5/28/2019. (sms)

Case 2:16-cv-01471-MCA-MAH

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201 &V00288/PWO/jw

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

: Hon. Madeline Cox Arleo
: Civil Action No. 16-147 1
:

v.

DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE

$115,032.50 IN UNITED STATES
CURRENCY,
Defendant in Rem
WHEREAS, on or about March 15, 2016, the United States filed a
Verified Complaint for Forfeiture In Rem (the “Verified Complaint”) in the
United States District Court for the District of New Jersey against $115,032.50
in United States currency that was seized on or about October 16, 2015 (the
“Defendant Currency”);
WHEREAS, the Verified Complaint alleged that the Defendant Currency
is subject to forfeiture to the United States pursuant to 21 U.S.C.

§ 881(a)(6),

which subjects to forfeiture all moneys, negotiable instruments, securities, or
other things of value furnished, or intended to be furnished, by any person in
exchange for a controlled substance and all proceeds traceable to such an
exchange, in violation of 21 U.S.C.

§ 801, et seq. (narcotics control and

enforcement laws);
WHEREAS, on or about March 18, 2016, the United States filed a Notice
of Complaint for Forfeiture (the “Notice of Complaint”);

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WHEREAS, the Notice of Complaint stated that any person who wished
to assert an interest in and avoid forfeiture of the Defendant Currency 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;
WHEREAS, the Notice of Complaint also detailed the procedure for filing
a claim and answer;
WHEREAS, the United States learned that Matthew Shane Robinson
appeared to have a potential claim to the Defendant Currency;
WHEREAS, on or about March 18, 2016, the United States sent copies of
the Verified Complaint and the Notice of Complaint by by certified mail, return
receipt requested, to David R. Welch, Esq., 523 West Sixth Street, Suite 716,
Los Angeles California 90014, counsel for Matthew Shane Robinson, as
required by Rule G(4)(b) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure;
WHEREAS, on or about March 21, 2016. David R. Welch, Esq., 523 West
Sixth Street, Suite 716, Los Angeles California 90014, counsel for Matthew
Shane Robinson, received copies of the Verified Complaint and the Notice of
Complaint;
WHEREAS, as required by Rule Q(4fla)(iv)(C) of the Supplemental Rules
for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of
Civil Procedure, Notice of Civil Forfeiture was posted on an official internet
government forfeiture website, namely w.forfeiture.gov for at least 30
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consecutive days, beginning on March 20, 2016, notifying all third parties of
their right to file a claim with the Court within 60 days from the first day of
publication for a hearing to adjudicate the validity of their alleged legal interest
in the property;
WHEREAS, on or about April 21, 2016, Matthew Shane Robinson, pro Se,
(“Robinson”) filed the only claim in this matter claiming an interest in the
Defendant Currency;
WHEREAS, on July 2l 2017, the Court directed Robinson to
communicate with the undersigned for the purpose ofjointly submitting a
proposed discover plan by August 11, 2017;
WHEREAS, on August 13, 2017, Bruce Regenstreich, Esq. entered an
appearance on behalf of Robinson;
WHEREAS, on January 31, 2018, Gregory D. Miller, Esq. submitted a
letter informing the Court and the undersigned that Mr. Regenstreich had
passed away and that he had contacted Robinson via email and telephone
several times to inform him of his counsel’s death, but had received no
response;
WHEREAS, on March 6, 2018, the Honorable Michael A. Hammer,
United States Magistrate Judge, ordered Robinson to notify the Court in writing
whether he intended to proceed pro se in this matter or obtain new counsel;
WHEREAS, on February 14, 2019, the Honorable Michael A. Hammer,
United States Magistrate Judge, entered an order directing Robinson to show

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cause in writing by June 29, 2018 why his claim should not be dismissed or
stricken;
WHEREAS, on February 14, 2019, the United States provided a
certification of sen’ice with regard to the Order to Show Cause dated February
14, 2019;
WHEREAS, on April 10, 2019, the Honorable Michael A. Hammer, United
States Magistrate Judge, issued a report and recommendation recommending
that Robinson’s claim be dismissed with prejudice;
WHEREAS, on May 6, 2019, the Honorable Madeline Cox Arleo, United
States District Judge entered an amended order adopting the report and
recommendation dated April 10, 2019, and dismissing Robinson’s claim with
prejudice; and
WHEREAS, no other conforming Claim has been filed within the time
required by Rule G(5)(a) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and 18
U.S.C. § 983(a)(4)(A) for the Defendant Currency, and the statutory time
periods in which to do so have expired;
IT IS HEREBY, ORDERED, ADJUDGED, AND DECREED:
1.

THAT a Default Judgment and a Final Order of Forfeiture is

granted against the Defendant Currency, namely $115,032.50 in United States
currency that was seized on or about October 16, 2015, and no right, title or
interest in the Defendant Currency shall exist in any other party; and;

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2.

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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 Marshals 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 Marshals Service
into the Department of Justice Assets Forfeiture Fund, in accordance with the
law.
The Clerk is hereby directed to send copies to all counsel of record.
ORDERED this

day of

,

2019.

HON. MADELINE COX ARLEO. U.S.D.J,

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