United States of America v. Approximately $10,972.87 in United States Currency Seized from SunTrust Bank Account Number XXXXXXXXX7434 et al

Filing 9

DEFAULT JUDGMENT OF FORFEITURE in favor of Plaintiff against Approximately $10,972.87 in United States Currency Seized from SunTrust Bank Account Number XXXXXXXXX7434, Approximately $52,944.91 in United States Curren cy Seized from SunTrust Bank Account Number XXXXXXXXXX2091. Motions granted: 8 MOTION for Default Judgment as to All Funds Identified in Complaint for Forfeiture In Rem. Signed by District Judge Max O. Cogburn, Jr on 6/6/11. (gpb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Case No. 3:11cv31-MOC
UNITED STATES OF AMERICA,
Plaintiff,
v.
APPROXIMATELY $10,972.81 IN UNITED
STATES FUNDS SEIZED FROM SUNTRUST
BANK ACCOUNT XXXXXXXXX7434,
APPROXIMATELY $52,944.91 IN UNITED
STATES FUNDS SEIZED FROM SUNTRUST
ACCOUNT XXXXXXXXX2091,
Defendants.

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DEFAULT JUDGMENT OF
FORFEITURE

THIS MATTER is before the Court on the government’s Motion under Fed. R. Civ. P.
55(b)(2) for a Default Judgment of forfeiture against the Defendant Property.
THE COURT FINDS THAT:
1.

A verified Complaint for Forfeiture in rem of the Defendant Property was filed on
January 19, 2011. This Court found probable cause for forfeiture and issued a
warrant for arrest in rem.

2.

Process was fully issued in this action and returned according to law. Pursuant to an
Order and Warrant for Arrest in Rem, the government duly seized the Defendant
Property. Service of process was made by certified mail and by internet publication
of notice via www.forfeiture.gov.

3.

No person has filed a verified claim or an Answer within the time allowed by law,
and the Clerk has accordingly entered Default.

4.

Based on the affidavit of Special Agent R. Matthew Hayes of the United States
Secret Service, filed with the Complaint, the government has shown that the
Defendant Property constitutes or is derived from one or more violations of 18
U.S.C. § 1029(a)(1) and (a)(3) and that it is therefore subject to forfeiture under 18
U.S.C. §§ 982 and 1029.

BASED ON THE FORGOING FINDINGS, THE COURT CONCLUDES that the
government is entitled to a Judgment of Forfeiture by Default against the Defendant Property.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1.

The government’s Motion for Default Judgment of Forfeiture is hereby granted.

2.

Any and all right, title and interest of all persons in the world in or to the following
property is hereby forfeited to the United States and no other right, title or interest
shall exist therein: approximately $10,972.81 in United States funds seized from
SunTrust Bank Account XXXXXXXXX7434 and approximately $52,944.91 in
United States funds seized from SunTrust Bank Account XXXXXXXXX2091.

3.

The United States is hereby directed to dispose of the forfeited Defendant Property
as provided by law.

Signed: June 6, 2011