United States of Amercia v. Approximately $136,334.41 in United States Currency

Filing 8

ORDER granting 6 Motion for Default Judgment. Signed by District Judge Max O. Cogburn, Jr on 11/18/2013. (tmg)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:13CV478-MOC
UNITED STATES OF AMERICA,
Plaintiff,
v.
APPROXIMATELY $136,334.41 IN
UNITED STATES CURRENCY,
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
August 22, 2013. 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 the
warrant for arrest in rem, the government duly seized the defendant property. Service of
process was made by internet publication of notice, as shown by the declaration filed
herein on October 1, 2013.
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 pleadings, the consent of two persons indicted in a related criminal case,
the grand jury’s finding of probable cause therein, and the default of all known potential
claimants and all other persons in the world, the government has shown probable cause to
believe that the defendant property constitutes or is derived from proceeds traceable to
violations of 18 U.S.C. § 1341 and/or § 1349, and that it is therefore subject to forfeiture
under 18 U.S.C. § 981(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: approximately $136,334.41 in United States currency and funds.
3. The United States is hereby directed to dispose of the forfeited defendant property as
provided by law.

Signed: November 18, 2013