United States of America v. $28,182,00 in United States Currency

Filing 7

ORDER re 4 "Statement of Interest" filed by Artie Smith: Artie Smith shall file a verification of his petition within 14 days of entry of this Order. Claimant advised failure to file the required verification will result in the dismissal of his petition. Signed by District Judge Martin Reidinger on 3/5/12. (Pro se litigant served by US Mail.)(ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12cv08

UNITED STATES OF AMERICA,

vs.

$28,182.00 IN UNITED STATES
CURRENCY.

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ORDER

THIS MATTER is before the Court on the “Statement of Interest” filed
by Artie Smith [Doc. 4].
A petition filed by a third party claiming interest in property which has
been ordered forfeited to the United States must “be signed by the petitioner
under penalty of perjury.” 21 U.S.C. § 853(n)(3). “A claimant who fails to file
a verified statement has no standing to contest a forfeiture.” United States v.
Loria, No. 3:08cr233-2, 2009 WL 3103771, at *2 (W.D.N.C. Sep. 21, 2009)
(quoting United States v. $487,825,000 in U.S. Currency, 484 F.3d 662, 66465 (3d Cir. 2007)). The petition filed in the instant case is not verified by the
alleged claimant. Unless the required verification is filed within fourteen days
of the entry of this Order, the claimant’s petition shall be dismissed.

Accordingly, IT IS, THEREFORE, ORDERED that Artie Smith shall file
a verification of his petition within fourteen (14) days of the entry of this Order.
The claimant is advised that failure to file the required verification will
result in the dismissal of his petition.
The Clerk of Court is directed to provides copies of this Order to counsel
for the Government and the pro se claimant, Artie Smith.
IT IS SO ORDERED.
Signed: March 5, 2012

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