United States of America v. $21,250.53 in U. S. Currency et al

Filing 44

ORDER granting 27 Motion for Entry of Consent Order. Signed by District Judge Terrence W. Boyle on 5/11/2016. Copy mailed to Claimant Ricky Benson at: Ricky Benson - 101 Idlewild Avenue - Raleigh, NC 27601. (Downing, L.)

IN THE UNITED STA"r'ES · DISTRICT COURT
FoR THE El:\STERP' DISTRICT OF NORTH CAROLTNA

WESTERN

·N0.

, ·{J?fITED STATES OF AM~I.CA,

DIVISION

5: 14-CV-534:.Bo

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Plainti"ff,

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v.
$21, 2·501• 5·3 IN U. S . ctnffiENCY

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SEIZED FROM HANNAH.' S STOP. 'N' ~>-.
'') ·.
SHOP AND HANNAH'S STOP 'N'
},·
DRINK

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,FUNDS TOTALtNG $36, 222 .15
J.
SEIZED FROM A ~K OF AMERICA .)
'ACCOUNT RELATED T0
)

HANNAH'S STOP . 'N'.SHOP AND
HANNAff'S STOP '·N' DRINK,

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)

Defendants..

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....

CONSENT ORDER AS .TO CLAIMANT

R:f~

BENSON

By .signing below, the unders.igned parties: have consented t:.o the
entry o-f this Order and })ave info:rmed the. Court the following;:

:1.

The¥ have set.tled the litigation in this matter.

2.

The: p·arties' settlement is Jieithet:, a ·cop.cession by the

United States tha.t the $1, 300. 00 of th.e $21, 250. 53 subj'ect currency

seized is not subject to forfeiture nor an admission of wrongdoing

I <
!

by the Claimant.

Rather,

compromise to avoid the

the parties'

delay,

settlement

uncertainty,

is merely a

inconvenience,

and

expense of protracted litigation of the Government's claims relating
to forfeiture of the

~1,300.00

of the $21,250.53 subject currency

seized.
It is, therefore,
ORDERED that the United States shall return to the Claimant,
Ricky Benson, $1,300.00 of the $21,250.53 subject currency seized,
less any debt owed to the United States, any agency of the United
States, or any other debt in which the United States is authorized
to collect. Payment to be made payable to

Cl~imant

via electronic

funds transfer by the U.S. Department of Treasury according to the
information

provided

by

Claimant

on

the

executed

ACH

Payment

Enrollment Form;
ORDERED that each party shall bear its own attorneys'

fees,

costs and expenses in this litigation.

SO ORDERED this

L1 day of ~'

2015.

~}'·074
United States District Judge

2

Hs:T:EPitiN~-·A; WEST ..

:Attorney. for united States of America

<i~-~

101 Idlewilo Avenue
~a.,leigh, NC
27601

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