United States of America v. Approximately $69,000 in United States Currency

Filing 11

AMENDED DEFAULT JUDGMENT in favor of USA against Approximately $69,000 in United States Currency. Signed by District Judge Frank D. Whitney on 1/10/2022. (ef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO.: 3:21-cv-00419
)
)
)
)
v.
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APPROXIMATELY $69,000 IN UNITED
)
STATES CURRENCY SEIZED FROM
)
RONALD NEVILLE ON APRIL 13, 2021 AT )
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THE CHARLOTTE-DOUGLAS
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INTERNATIONAL AIRPORT
UNITED STATES OF AMERICA

AMENDED DEFAULT JUDGMENT

THIS MATTER is before the Court on the United States of America’s Motion for Default
Judgment. For good cause shown, the Court will GRANT the Motion and enter this Amended
Default Judgment.1 The Court FINDS AS FOLLOWS:
BACKGROUND
On August 13, 2021, the United States filed a Complaint (Doc. 1) against the defendant
$69,000 in United States Currency captioned above (“the Currency”). The Complaint alleged that
the Currency constituted money furnished or intended to be furnished by any person in exchange
for a controlled substance or listed chemical in violation of 21 U.S.C § § 841 and/or 846, and was
therefore subject to forfeiture.
From August 20, 2021 through September 18, 2021, pursuant to Federal Rules of Civil
Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions,
Rule G(4)(a), the Government provided Notice by Publication (Doc. 5) of this action. Further, the

1

The Clerk of Court erroneously signed the original Default Judgment (Doc. No. 9). The Clerk of Court, however,
ordinarily signs only the Entry of Default. A judicial officer must sign the Default Judgment. This Amended Default
Judgment is properly executed and vacates and supersedes the erroneous Default Judgment.

Case 3:21-cv-00419-FDW-DCK Document 11 Filed 01/11/22 Page 1 of 3

Government mailed direct notice (Doc. 4) of the Complaint to the following individuals:
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Ronald Lamont Neville;
RLN, LLC; and
Leslie M. Sammis, Esq., Counsel for Claimant.

Notice of the forfeiture of the Currency has been properly published and directly provided, there
are no claims as to the Currency, and the time for filing claims has expired.
LEGAL CONCLUSIONS
Fed. R. Civ. P. 55 (b)(2) provides for entry of the requested Default Judgment by the Court.
Here, the United States has provided notice of forfeiture in accordance with the Federal Rules of
Civil Procedure, Supplement Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions, Rule G. Further, no individuals or entities have filed claims and the time-period for filing
claims has expired. Finally, the Clerk has issued an Entry of 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 by Default against the Defendant Property.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1.

The Government’s Motion for Default Judgment is hereby GRANTED.

2.

The original Default Judgment (Doc. No. 9) is VACATED because of a
typographical error, and the Amended Default Judgment hereby supersedes
the original Default Judgment (Doc. No. 9):

3.

Any and all right, title, and interest of all persons in the world in or to the
following Defendant Property is hereby forfeited to the United Sates, and no other
right,title, or interest shall exist therein:

Case 3:21-cv-00419-FDW-DCK Document 11 Filed 01/11/22 Page 2 of 3

Approximately $69,000.00 in United States Currency seized from Ronald Neville on
or about April 13, 2021.

Signed: January 10, 2022

Case 3:21-cv-00419-FDW-DCK Document 11 Filed 01/11/22 Page 3 of 3