UNITED STATES OF AMERICA v. $68,490 IN UNITED STATES CURRENCY

Filing 22

DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE; granting 21 Motion for Default Judgment against the defendant property, namely $68,490 in United States currency; The Clerk is hereby directed to send copies to all counsel of record; etc. ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 5/16/2019. (sms)

2016V01704/PWG/ms

CRAIG CARPENITO
United States Attorney
By: PETER W. GAETA
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
Tel: [phone]
Peter.Gaeta’11;usdoj .gov
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

Hon. Kevin McNulty, U.S.D.J.

UNITED STATES OF AMERICA,

Civil Action No. 16-3920 (KM)

Plaintiff,

DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE

v.
$68,490 IN UNITED STATES CURRENCY,
Defendants in rent

WHEREAS, on June 30, 2016, a Verified Complaint for Forfeimre in Rem
was filed in the United States District Court for the District of New Jersey
against $68,490 in United States currency (the “defendant property”), pursuant
to 21 U.S.C.

§ 881(a)(6), as monies furnished or intended to be furnished in

exchange for a controlled substance or as proceeds traceable to such an
exchange in violation of 21 U.S.C.

§ 801 et seq.; and

WHEREAS, pursuant to the Warrant for Arrest in Rem issued by the
Clerk of the Court on June 30, 2016, the United States obtained in rem
jurisdiction over the defendant property; and

WHEREAS, on or about July 7, 2016, the Verified Complaint for
Forfeiture and a Notice of Complaint for Forfeiture were sent via Certified Mail
to Mr. Alan Gerson, Esq., Counsel for Potential Claimant Nayquan T. Johnson,
445 Central Avenue, Suite 208, Cedarhurst, New York 11516. (See Declaration
of Peter W. Gaeta with Exhibits filed herein, hereinafter “Gaeta Deci.” at Exhibit
A); and
WHEREAS, on or about July 9, 2016, the Verified Complaint for
Forfeiture and a Notice of Complaint for Forfeiture were delivered via Certified
Mail to Mr. Alan Gerson, Esq., Counsel for Potential Claimant Nayquan T.
Johnson, 445 Central Avenue, Suite 208, Cedarhurst, New York 11516. (Id.);

and
WHEREAS, or about August 10, 2016, a Verified Claim to the defendant
property was filed by Nayquan Johnson. (ECF Doc. 4.); and
WHEREAS, or about August 31, 2016, a Verified Answer to the Verified
Complaint was filed by Nayquan Johnson. (ECF Doc. 6.); and
WHEREAS, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules
for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of
Civil Procedure, notice of this civil forfeiture action was posted on an official
internet government forfeiture website, namely www.forfeiture.gov, for at least
30 consecutive days, beginning on July 6, 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.

(See Gaeta Decl., Exhibit B.); and
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WHEREAS, on November 14, 2018, United States Magistrate Judge
Michael A. Hammer issued a Report and Recommendation that the District
Court dismiss claimant’s claim with prejudice due to claimant failing to
participate in discovery nor appearing for scheduled conferences with the
Court, pursuant to Federal Rules of Civil Procedure 16(1) and 37. (ECF No. 19.);
and
WHEREAS, March 25, 2019, United States District Judge Kevin McNulty
adopted Judge Hammer’s Report and Recommendation. (ECF No. 20.); and
NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND
DECREED

1.

That a Default Judgment and a Final Order of Forfeiture is granted

against the defendant property, namely S68,490 in United States currency; the
defendant property is hereby forfeited to the United States of America
according to law; and no right, title or interest in the defendant property shall
exist in any other party; and
2.

That any and all forfeited funds, including but not limited to

currency, currency equivalents and certificates of deposits, as well as any
interest and income thereon, 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.

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The Clerk is hereby directed to send copies to all counsel of record.
ORDERED this

/6]L

day of

/kCt’

,

2019.

HONORABLE KEVIN McNULTY
United States District Judge

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