United States of America v. Approximately $1,494.50 in United States Funds

Filing 9

DEFAULT JUDGMENT of FORFEITURE. Signed by District Judge Frank D. Whitney on 4/15/2011. (tmg)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Case No. 3:11cv57-FDW

UNITED STATES OF AMERICA,
Plaintiff,
v.
APPROXIMATELY $1,494.50 IN UNITED
STATES FUNDS,
Defendant.

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) DEFAULT JUDGMENT OF FORFEITURE
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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
February 1, 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 a
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 on February, 3, 2011 through March 4, 2011.

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 verified Complaint and relevant portions of an affidavit of co-affiants,
Special Agent (SA) Richard D. Schwein, Jr., Federal Bureau of Investigation, SA
David W. Howell, Immigration and Naturalization Service, and SA Kent J. Halsten,
Bureau of Alcohol, Tobacco and Firearms, filed with the Complaint, the government
has shown probable cause to believe that the Defendant Property was involved in
transactions or attempted transactions in violation of 18 U.S.C. § 1956, and that it is
therefore subject to forfeiture under 18 U.S.C. § 981.

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: all present and future interest in $1,494.50 in United States Funds

3.

The United States is hereby directed to dispose of the forfeited Defendant Property
as provided by law.
Signed: April 15, 2011