United States of America v. $179,375.46 in United States Currency

Filing 9

JUDGMENT AND ORDER granting 8 Plaintiff's Motion for Entry of Judgment and Final Order of Forfeiture of Property. IT IS FURTHER ORDERED that Default Judgment against the Defendant United States Currency in the amount of $71,750.18 is hereby ENTERED in favor of the United States of America. IT IS FURTHER ORDERED that the sum of $107,625.28 shall be returned to Shakil Ahmad. Signed by District Judge Martin Reidinger on 02/17/2012. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv295

UNITED STATES OF AMERICA,
Plaintiff,
vs.
$179,375.46 in UNITED STATES
CURRENCY,
Defendant.

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CONSENT AND
DEFAULT JUDGMENT
OF FORFEITURE

THIS MATTER is before the Court on the Plaintiff’s Motion for Entry of
Judgment and Final Order of Forfeiture [Doc. 8].
PROCEDURAL AND FACTUAL HISTORY
The Plaintiff initiated this action for civil in rem forfeiture on November
8, 2011. [Doc. 1]. In the Verified Complaint, it is alleged that on June 16,
2011, agents of the United States Secret Service and Internal Revenue
Service executed a lawful seizure warrant issued by a United States
Magistrate Judge at the offices of Branch Banking and Trust in WinstonSalem, North Carolina. [Id.].

Three seizures occurred: (1) the sum of

$63,533.44 from a bank account in the name of 786 Enterprises LLC for which

the signatories were Shakil Ahmad and Fayyaz Shah; (2) the sum of
$71,558.28 from a bank account in the name of SH&H for which the
signatories were Shakil Ahmad and Sameera Ahmad; and (3) $44,283.74
from a bank account in the name of SH&H Enterprises, d/b/a Stuckey’s Dairy
Queen for which the signatory was Shakil Ahmad. [Id.]. During the one year
period from March 22, 2010 through March 22, 2011, officers and employees
of these three entities made 53 deposits into these accounts each of which
was more than $9,900.00 but less than $10,000.00. [Id.]. It is alleged in the
Complaint that these transactions were so structured in order to avoid
reporting requirements and are therefore subject to forfeiture. 31 U.S.C.
§§5313, 5317 & 5324.
Attached to the Complaint is the Affidavit, Waiver of Claim and Notice,
and Consent to Forfeiture of Personal Property by Represented Person. [Doc.
1-1]. The Affidavit is signed by Shakil Ahmad as the responsible officer for
each business.1 [Id.]. Ahmad attests therein that he and each of the three
businesses are the sole owners of the currency.2 [Id.]. He further states that
he, on behalf of himself as well as each of the three businesses, has agreed

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The Court notes that no proof thereof is attached.

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The Court notes again that no proof beyond this affidavit is offered in support of
this claim.
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to forfeit to the United States the sum of $71,750.18 from the combined total
sum of $179,375.46. [Id.]. The other two individuals who are signatories on
the accounts at issue, Sameera Ahmad and Fayyaz Shah, have signed the
document stating that each consents to the forfeiture of $71,750.18. [Id.].
Notice of Civil Forfeiture was posted on an official government internet
site (www.forfeiture.gov) for 30 consecutive days beginning November 10,
2011. [Doc. 5-1]. No Answer or Claim was filed. On January 17, 2012, the
Clerk of Court entered default against all persons and entities with the
exception of Shakil Ahmad, Sameera Ahmad, Fayyaz Shah, 786 Enterprises
LLC, SH&H and SH&H d/b/a Stuckey’s Dairy Queen. [Doc. 7].
DISCUSSION
The Court finds that the only known potential claimants have each filed
a waiver of claim and notice and consent to the forfeiture of the sum of $71,
750.18. In addition, the Government published the notice of the forfeiture
action on an official internet government forfeiture site for at least 30
consecutive days and no claimants came forward.

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

Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions.
The Court finds that the allegations of the Complaint and the

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supplemental filings establish that the currency at issue was involved in
violations of the monetary structuring of transactions statutes. 31 U.S.C.
§§5313 & 5324. Based upon the consent of the claimants, the property is
determined to be subject to forfeiture. 31 U.S.C. §5317. The Plaintiff has also
established that no other potential claimant has timely filed a claim or
otherwise answered and that default judgment of the sum of $71,750.18 is
appropriate.
JUDGMENT
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the
Plaintiff’s Motion for Entry of Judgment and Final Order of Forfeiture [Doc. 8]
is hereby GRANTED.
IT IS FURTHER ORDERED that Default Judgment against the
Defendant United States Currency in the amount of $71,750.18 is hereby
ENTERED in favor of the United States of America.
IT IS FURTHER ORDERED that the sum of $107,625.28 shall be
returned to Shakil Ahmad.
Signed: February 17, 2012

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