United States of America v. One hundred eighty-nine thousand, five hundred twenty-nine dollars and thirty-three cents ($189,529.33) in United States Currency

Filing 30

DECREE of Forfeiture and Order for Delivery. (6 certified copies sent to AUSA Diane Leonardo via interoffice mail). Ordered by Judge Joseph F. Bianco on 10/7/2014. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,
Plaintiff,
-againstONE HUNDRED EIGHTY-NINE
THOUSAND, FIVE HUNDRED
TWENTY-NIINE DOLLARS AND
THIRTHY THREE CENTS ($189,529.33)
IN UNITED STATES CURRENCY, MORE
OR LESS, SEIZED FROM
CAPITAL ONE BANK ACCOUNT
NUMBER ENDING IN -8639 HELD IN THE
NAME OF J&A MASTIC SEAFOOD, INC.;

DECREE OF FORFEITURE
AND ORDER FOR DELIVERY
(CV -13-21 06)(JFB)(AKT)

FILED
IN CLERK'S OFFICE
US DISTRICT COURTED N y

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OCT 0 7 2014

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LONG ISU\ND OFFICE
Defendant In Rem.

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WHEREAS, on or about November 13, 2012, the Honorable Arlene R. Lindsay,
United States Magistrate Judge for the Eastern District of New York, issued a warrant for the arrest
of articles in rem (the "Warrant") authorizing the seizure of defendant currency up to and including
the amount of four hundred thirty-four thousand nine hundred dollars and no cents ($434,900.00)
on deposit at Capital One Bank, account number 2024008639 ("Account ending 8639"), in the
name of J&A Seafood, Inc., ("J&A"), and all proceeds traceable thereto; (the "Defendant Funds");
finding probable cause to believe that such funds are subject to forfeiture to the United States
pursuant to 31 U.S.C. § 5317 as property involved in violations of31 U.S.C. § 5324.
WHEREAS, on or about November 15, 2012, agents of the United States Internal
Revenue Service ("IRS") executed the Warrant against the J&A account and seized approximately
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$189,529.33 (the "Defendant Funds");
WHEREAS, on or about April!O, 2013, the United States filed a Verified
Complaint in rem, and on or about April15, 2013, the Honorable Joseph F. Bianco, United States
District Judge, issued a warrant for the arrest of articles in rem, finding probable cause to believe
that the Defendant Funds are subject to seizure and forfeiture to the United States pursuant to
pursuant to 31 U.S.C. § 5317 as property involved in violations of31 U.S.C. § 5324;
WHEREAS, legal notice was published on the official government website,
www.forfeiture.gov. beginning on Apri127, 2013 through and including May 26, 2013; and
WHEREAS, James Cassidy ("Cassidy") and Antonino N. Locascio ("Locascio")
on behalf of J&A (the "Claimants") have stated an ownership interest in the Defendant Funds.
WHEREAS, with the exception of the Claimants, no other third party has filed with
the Court any petition or claim in connection with the Forfeited Funds, and the time to do so has
expired.
WHEREAS, pursuant to a Stipulation of Settlement entered into on September 5,
2014, (the "Stipulation"), J&A agreed to forfeit to the United States, pursuant to 31 U.S.C. § 5317,
the sum of$160,000.00 of the Defendant Funds, (the "Forfeited Funds") and all interest accrued on
the Defendant Funds since the date of seizure. In addition, the United States agreed to return to
the Claimants the sum of$29,529.33, less any debt owed to the United States, any agency of the
United States, or any other debt which the United States is authorized to collect (the "Returned
Funds")
UPON application of the Plaintiff United States of America,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
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I. Pursuant to 31 U.S.C. § 5317, the Forfeited Funds are hereby forfeited and
condemned to the use and benefit of the United States of America.
2. The IRS and all of its duly authorized agents and/or contractors are hereby
authorized to dispose of the Forfeited Funds in accordance with all laws and regulations.
3. The Warrant previously executed shall be vacated.
4. The District Court shall retain jurisdiction of this action in order to enforce the
Stipulation and Settlement.
5. The Clerk of this Court shall forward six (6) certified copies of this Decree of
Forfeiture and Order to the United States Attorney for the Eastern District of New York, Attention:
Assistant United States Attorney Diane Leonardo, 610 Federal Plaza, Central Islip, New York

/
Dated: Central I~, New York
October· ) 2014

s/ Joseph F. Bianco
RABt110SEPH F. BIANCO
ED STATES DISTRICT JUDGE
ERN DISTRICT OF NEW YORK

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