United States of America v. Approximately $7,133 in Funds

Filing 9

DEFAULT JUDGMENT in favor of United States against Approximately $7,133 in Funds. Signed by District Judge Robert J. Conrad, Jr on 11/19/2018. (eef)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18cv294-RJC
UNITED STATES OF AMERICA

)
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v.
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APPROXIMATELY $7,133 IN FUNDS
)
SEIZED FROM CLYDE ANDERSON, JR. )

DEFAULT JUDGMENT

THIS MATTER is before the Court on the United States of America’s Motion pursuant to
Fed. R. Civ. P. 55(b)(2), for Default Judgment in this case. (Doc. No. 8). For good cause shown,
the Court will GRANT the Motion and enter Default Judgment. In support hereof, the Court finds
as follows:
I.

Background
On June 6, 2018, the Government filed a verified Complaint for Forfeiture In Rem of the

above-captioned funds (hereafter “Funds”). (Doc. No. 1). The Government contended that the
Funds constituted, derived from, or were traceable to proceeds in violation of a specified unlawful
activity related to narcotics trafficking. Thereafter, the Clerk issued a Warrant of Arrest In Rem
for the Funds. (Doc. No. 2).
Then, the Government provided notice by publication as to all persons in the world with
potential claims to the Funds. Specifically, from June 7, 2018 through July 6, 2018, the
Government published notice via www.forfeiture.gov as shown on the Submission of Declaration
of Publication dated and filed on July 12, 2018. (Doc. No. 3). Based on that notice, the deadline
for filing claims was August 6, 2018. The Government also submitted documentation of direct
notice to individuals and entities with potential claims to the Properties as shown on the Notice of

Service (Direct Notice) and filed on July 12, 2018. (Doc. No. 4). Specifically, the Government
provided direct notice to the following individuals and entities:
Clyde Anderson
Isaac Safier, Esq.
Based on the foregoing, process has been fully issued and returned according to law and
no other claims have been filed within the time period provided by law. Therefore, on September
10, 2018, on Motion of the Government, (Doc. No. 5), the Clerk of Court entered a default pursuant
to Fed. R. Civ. P. 55(a), (Doc. No. 6). Thus, default judgment is now appropriate.
II.

Legal Conclusions
Fed. R. Civ. P. 55(b) provides for entry of the requested Default Judgment by the Court.

Here, the United States has provided notice of forfeiture in accordance with Federal Rules of Civil
Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions,
Rule G. Further, the time period for filing claims has expires, and no claims have been filed.
Finally, the Clerk has entered default. Therefore, the requested Default Judgment is appropriate.
BASED ON THE FOREGOING FINDINGS, THE COURT CONCLUDES that the
Government is entitled to a Judgment of Forfeiture by Default against the Defendant Property.
JUDGMENT
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1.
GRANTED.

The Government’s Motion for Default Judgment, (Doc. No. 8), is hereby

2.

Any and all right, title, and interest of all persons in the world in or to the Defendant
Property is hereby forfeited to the United States, and no other right, title, or interest
shall exist therein:
Approximately $7,133 in Funds Seized from Clyde Anderson, Jr.

Signed: November 19, 2018