USA v. Approximately $628,282.51 seized from Bank of America Wire Transfers

Filing 9

DEFAULT JUDGMENT OF FORFEITURE in favor of USA against Approximately $628,282.51 seized from Bank of America Wire Transfers. Signed by Chief Judge Frank D. Whitney on 10/1/2013. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:12CV374-FDW
UNITED STATES OF AMERICA,
Plaintiff,
v.
APPROXIMATELY $628,282.51 SEIZED
FROM BANK OF AMERICA WIRE
TRANSFERS,
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
June 15, 2012. This Court issued a warrant for arrest in rem.
2.
Process was fully issued in this action and returned according to law. Pursuant to
the warrant for arrest in rem, the government duly seized the defendant property. The
government has made repeated attempts by Federal Express to provide direct notice to the only
known potential claimant to the defendant property at several addresses in Canada and has
submitted evidence of delivery of such notice. Service of process was also made by internet
publication of notice, as shown by the declaration filed herein on July 24, 2012.
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 U.S. Secret Service Agent Brent Weidner, 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).
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 $628,282.51, consisting of incoming and outgoing wire transfers
originating from, or directed to, Definite Payments, Inc., and seized from Bank of
America, Utica, New York, between December 21, 2011, and February 28, 2012.
3. The United States is hereby directed to dispose of the forfeited defendant property as
provided by law.
Signed: October 1, 2013