UNITED STATES OF AMERICA v. Lainez-Flores' Real Property

Filing 8

ORDER granting 6 Motion for Forfeiture of Property. Signed by Senior Judge James C. Fox on 10/14/2014. Copy of order sent to Luther D. Starling, Jr., Sampson County Attorney, 401 College Street, Clinton, NC 28328 via US Mail on 10/14/2014. (Grady, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:13-CV-258-F

UNITED STATES OF AMERICA,
Plaintiff,

v.
LAINEZ-FLORES' REAL PROPERTY
AS DESCRIBED IN DEED BOOK
01812, PAGES 0453-0455 OF THE
SAMPSON COUNTY REGISTRY,
NORTH CAROLINA, HAVING THE
PHYSICAL ADDRESS OF
506 AND 508 WILLIAMS STREET,
CLINTON, NORTH CAROLINA AND
BEING TITLED IN THE NAME OF
MARCO ANTONIO NUNEZ, SUBJECT
TO THE LIFE ESTATE PREVIOUSLY
RESERVED UNTO ANGELA CHRISTINA)
LAINEZ-FLORES;
)
WITH ALL APPRUTENANCES AND
)
IMPROVEMENTS THEREON;
)
AND ANY AND ALL PROCEEDS FROM )
THE SALE OF SAID PROPERTY,
)
)

Defendants.

)

FINAL ORDER OF FORFEITURE

WHEREAS,

on

December

States of America,
of

which

Marco

properties,
Angela

filed

Antonio

5,

2013,

the

plaintiff,

the

United

its complaint against the defendants,
Nunez,

the

record

owner

of

the

real

subject to the life estate previously reserved unto

Christina

Lainez-Flores;

1

the

county

tax

administrator

where the properties reside;

and,

any lienholders found during

title searches are potential claimants;
AND
Notice

WHEREAS,
of

service

Complaint

of

for

plaintiff's

Forfeiture

Complaint

of

Real

and

the

Property

was

attempted without success upon Marco Antonio Nunez, via personal
service on January 4,
Service-Criminal

2014 by an agent of the Internal Revenue

Investigation,

there

being

no

forwarding

address nor any information as to his whereabouts from database
searches;
AND

service

WHEREAS,

of

plaintiff's

Complaint

and

the

Notice of Complaint for Forfeiture of Real Property was made on
Angela Christina Lainez-Flores, via personal service on February
20,

2014,

by an agent of the Internal Revenue Service-Criminal

Investigation;
AND

service

WHEREAS,

of

plaintiff's

Complaint

and

the

Notice of Complaint for Forfeiture of Real Property was made on
Jesus Aracely Villela,
by

an

agent

of

via personal service on March 11,
Internal

the

Revenue

2014,

Service-Criminal

Investigation;
AND
Notice

WHEREAS,
of

service

Complaint

of

for

plaintiff's

Forfeiture

of

Complaint
Real

and

the

Property

was

attempted without success upon Abraham Ernesto Meraz-Zelaya, due
to

him

being

previously

deported

Honduras on August 14, 2013;
2

from

the

United

States

to

AND

WHEREAS,

service

of

plaintiff's

Complaint

and

the

Notice of Complaint for Forfeiture of Real Property was made on
the

Sampson

County

Tax

Collector,

via

receipt on approximately February 12,

certified

mail

return

2014 by an agent of the

U. S. Postal Service;
AND

WHEREAS,

the

defendant

real

property

was

served

via

posting of plaintiff's Complaint and the Notice of Complaint for
Forfeiture

of

December 17,

Real

Property

on

the

subject

real

property

on

2013 by an agent of the Internal Revenue Service-

Criminal Investigation;
AND WHEREAS,
this
site

civil

the

United

forfeiture

6,

Rule G(4) (a) (iv) (C)
Maritime

Claims

published notification

action on the Government's

www.forfeiture.gov

between December

States

for

2013

and

at

least

January

30

4,

internet

consecutive

2014,

as

of
web

days,

required by

of the Supplemental Rules for Admiralty of

and Asset

Said published

Forfeiture Actions.

notice advised all third parties of their right to petition the
court

within

sixty

publication date

for

( 60)

a

days

hearing

from
to

the

first

adjudicate

the

day

of

the

validity of

their alleged legal interest in the forfeited property;
AND WHEREAS, more than 35 days have elapsed since the date
on which the defendants and potential claimants were served with
the Notice of Complaint for

Forfeiture of Real

copy of the Complaint, excluding the date thereof;
3

Property and a

AND WHEREAS,

examination of the Court's files

and records

shows that on February 21, 2014, Sampson County filed a Claim in
this action as to the taxes due and owing on the subject real
property,

and the United States recognizes the interest held by

Sampson County as to the defendant property;
AND WHEREAS,

no other person has filed a verified claim in

this action or answered or plead as required by Rule G(S) of the
Supplemental
Forfeiture

for

Rules
Claims,

Admiralty

other

than

Maritime

or

those

and

specifically

Asset

mentioned

herein;
It is HEREBY ORDERED, ADJUDGED and DECREED:
1.
the

United

County,

and

That
States,
that

the

defendant

subject

the

real

only

to

United States

is
the

hereby

forfeited

interest

Department

of

of

to

Sampson

Treasury

is

directed to dispose of the property according to law, paying the
claim of Sampson County.
2.

That

any

and

all

forfeited

funds

shall

be

deposited by the United States as soon as located or recovered
into

the

Department

of

accordance with 28 U.S.C.

Treasury's
§

Assets

Forfeiture

524(c) and 21 U.S.C.

4

§

Fund

881(e).

in

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

SO ORDERED this

_if day of October, 2014.

J

s

DISTRICT JUDGE

5