United States v. $84,301.39 in United States Currency et al

Filing 20

DEFAULT JUDGMENT OF FORFRITURE in favor of United States against all persons and entities with respect to the $104,842.40 in U.S. Currency identified in the Verified Complaint, other than Bill Homer Watson, whose claim to the Defendant Currency was resolved pursuant to the terms of a settlement agreement. (See Order for further details.) Signed by District Judge Kenneth D. Bell on 8/17/2020. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL NO. 5:15-CV-36-KDB-DSC
UNITED STATES OF AMERICA
v.
$84,301.39 IN UNITED STATES
CURRENCY AND $20,541.00 IN
UNITED STATES CURRENCY

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MOT
ORDER OF DEFAULT JUDGMENT OF FORFEITURE
This matter is before the Court on the Government’s Motion for Default
Judgment of Forfeiture as to all persons and entities with respect to the $104,842.40
in U.S. Currency (“the Defendant Currency”) identified in the Verified Complaint,
other than Bill Homer Watson, whose claim to the Defendant Currency was resolved
pursuant to the terms of a settlement agreement.

See Settlement Agreement, Doc.

For the reasons set forth below, the Court GRANTS the Government’s

16-1.
motion.

On March 9, 2015, the Government filed a Verified Complaint for Forfeiture
In Rem, alleging that the Defendant Currency seized from Mr. Watson is subject to
civil forfeiture under 21 U.S.C. § 881(a)(6).

Doc. 1.

The same day the Complaint

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was filed, the Clerk issued a Warrant of Arrest In Rem for the Defendant Currency.
Doc. 3.
After the Government filed its Complaint, in accordance with Rule G(4)(b) of
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions, the Government provided direct notice of this action to known potential
claimants by mailing notice and a copy of the Complaint to Mr. Watson and his son,
Tracy Lee Watson, at their addresses of record.

Additionally, in accordance with

Supplemental Rule G(4)(a), the Government provided notice by publication as to all
persons with potential claims to the Defendant Currency by publishing notice via
www.forfeiture.gov from March 12, 2015, through April 10, 2015.

Doc. 5.

On April 15, 2015, Mr. Watson filed a Claim to the Defendant Currency.
Doc. 6.

Due to the pendency of Mr. Watson’s state criminal case, on May 8, 2015,

this Court issued an Order staying this action.

Doc. 9.

On January 15, 2020,

following the resolution of Mr. Watson’s state criminal case—which resulted in
Mr. Watson pleading guilty to, among other things, attempted trafficking of
opium/heroin—the stay was lifted. On February 18, 2020, Mr. Watson filed an
Answer to the Complaint. Doc. 12.

The Government and Mr. Watson thereafter

reached a settlement of Mr. Watson’s claim. See Doc. 16-1.
The Government has taken reasonable steps to provide notice to known
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potential claimants, and the Government has otherwise complied with the notice
requirements set forth in Supplemental Rule G(4). During the pendency of this
action, no individual or entity other than Mr. Watson has made a timely claim to the
Defendant Currency.

Accordingly, on July 16, 2020, the Government filed a

motion for entry of default, Doc. 16, and on July 27, 2020, the Clerk entered default.
Doc. 17.
Pursuant to Fed. R. Civ. P. 55(b)(2), the Government now requests that the
Court enter a Default Judgment of Forfeiture as to all persons and entities with
respect to the Defendant Currency, other than Mr. Watson, whose claim was
resolved pursuant to the terms of a settlement agreement.

See United States v. 15

Trimont Lake Road, No. 2:10-cv-16, 2011 WL 309921 (W.D.N.C. Jan. 28, 2011)
(entering Default Judgment of Forfeiture as to all other persons and entities when a
claimant entered into settlement agreement). After review, the Court finds that the
Government’s motion should be granted. Accordingly, the Court hereby ORDERS
that:
1.

The Government’s Motion for Default Judgment of Forfeiture is hereby

GRANTED, and judgment is entered in favor of the United States against all persons
and entities with respect to the $104,842.40 in U.S. Currency identified in the
Verified Complaint, other than Bill Homer Watson, whose claim to the Defendant
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Currency was resolved pursuant to the terms of a settlement agreement.
2.

It is FURTHER, ORDERED, ADJUDGED, AND DECREED that with

the exception of the amount to be returned to Bill Homer Watson under the terms of
the settlement agreement, any right, title and interest of all other persons and entities
to the $104,842.40 in U.S. Currency identified in the Verified Complaint is hereby
forfeited to the United States, and no other right, title, or interest shall exist.
3.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the

United States Marshal is hereby directed to dispose of the $104,842.40 in
U.S. Currency identified in the Verified Complaint as provided by law, consistent
with the terms of the settlement agreement with Bill Homer Watson.

Signed: August 17, 2020

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