United States of America v. Approximately $1,299,990.00 in United States Currency et al

Filing 10

ORDER granting 8 Motion for Default Judgment. Signed by Chief Judge Frank D. Whitney on 11/7/2014. (tmg)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14cv475-FDW
UNITED STATES OF AMERICA,
Plaintiff,
v.
APPROXIMATELY $1,299,990.00 IN
UNITED STATES CURRENCY, et al.,
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 28, 2014. 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 November 4, 2014.
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 ATF Special Agent Brian Pelletier and two indictments in
related criminal cases, filed with the complaint, the government has shown probable
cause to believe that the defendant property is subject to forfeiture because it constitutes
or is derived from proceeds of the interstate transportation of stolen property in violation
18 U.S.C. § 2314 and/or proceeds of the receipt and possession of stolen property which
had been transported in interstate commerce in violation of 18 U.S.C. § 2315, which are
specified unlawful activity under 18 U.S.C. § 1961(1)(B), as incorporated by 18 U.S.C. §
1956(c)(7); and/or because it constitutes or is derived from proceeds of a conspiracy to
commit one or both of those offenses in violation of 18 U.S.C. § 371; and/or because it
was involved in a money laundering transaction or attempted transaction in violation of

18 U.S.C. § 1956(a)(1)(A)(i) and/or § 1956(a)(1)(B)(i), and/or a money laundering
conspiracy in violation of 18 U.S.C. § 1956(h), and that it is therefore subject to
forfeiture under 18 U.S.C. § 981(a)(1)(A) and (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:
(a) approximately $1,299,990.00 in United States currency seized on or about
November 30, 2011, from the residence of Kamal Zaki Qazah, 21 Farrier Court,
Columbia, South Carolina;
(b) approximately $70,000.00 in United States currency seized on or about
November 30, 2011, from a vehicle on the lot at 7 Stars Auto Sales, 308 Highway
601 South, Columbia (Lugoff), South Carolina; and,
(c) approximately $181,950.00 in funds representing proceeds from the sale of the
inventory (consisting of 32 vehicles, a boat, and a jet ski) of 7 Stars Auto Sales,
308 Highway 601 South, Columbia (Lugoff), South Carolina, pursuant to an order
entered by Chief District Judge Frank D. Whitney and filed in the related criminal
case, No. 3:11CR373-FDW, on August 20, 2012 (Doc. 182).

3. The United States is hereby directed to dispose of the forfeited defendant property as
provided by law.