United States of America v. US Currency $103,907.87

Filing 9

ORDER granting 7 Motion for Default Judgment as to Approximately $103,907.87. Signed by District Judge Robert J. Conrad, Jr on 1/10/2014. (eef)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-CV-179-RJC
UNITED STATES OF AMERICA,
Plaintiff,
v.
APPROXIMATELY $103,907.87 IN
UNITED STATES FUNDS SEIZED
FROM HSBC BANK USA,
Defendant.

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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
March 20, 2012. This Court issued a warrant for arrest in rem. (Doc. No. 1).
2. Process was fully issued in this action and returned according to law. Pursuant to the
warrant for arrest in rem, the government duly retained custody of the defendant property. (Doc.
No. 2). The government has twice made attempts by Federal Express to provide direct notice to
the only known potential claimants to the defendant property at addresses in Costa Rica, which
were returned as undelivered, and has submitted evidence that no additional steps for direct
notice are reasonably practicable. (Doc. No. 7-2: McAllister Affidavit ¶2). Service of process
was also made by internet publication of notice, as shown by the declaration filed herein on
October 17, 2013. (Doc. No. 5).

3. No person has filed a verified claim or an answer within the time allowed by law, and
the Clerk has accordingly entered default. (Doc. No. 8).
4. Based on the affidavit of U.S. Secret Service Agent Laura Hughes, filed with the
complaint, the government has shown probable cause to believe that the defendant property was
involved in violations of 18 U.S.C. § 1956(a)(1)(A)(i), § 1956(a)(1)(B)(i), and § 1956(a)(2)(A)
and (a)(2)(B)(i), and constitutes or is derived from proceeds of specified unlawful activity as
defined in 18 U.S.C. § 1956(c)(7) and § 1961(1), that is, transmission of gambling information in
violation of 18 U.S.C. § 1084, and that it is therefore subject to forfeiture to the United States
pursuant to 18 U.S.C. § 981(a)(1)(A) and (a)(1)(C). (Doc. No. 7-1).
BASED ON THE FOREGOING 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: the sum of approximately $103,907.87 in United States funds
seized from HSBC Bank USA.
3. The United States is hereby directed to dispose of the forfeited defendant property as
provided by law.

Signed: January 10, 2014