United States of America v. Fifteen Thousand Eight Hundred Forty and 00/100 Dollars ($15,840.00) in United States Currency et al

Filing 27

ORDER granting 26 Motion for Default Judgment. Signed by Judge George C Smith on 2/9/12. (lvw1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

UNITED STATES OF AMERICA

:
:
Plaintiff,
:
:
-v.:
:
FIFTEEN THOUSAND EIGHT HUNDRED :
FORTY AND 00/100 DOLLARS
:
($15,840.00) IN UNITED STATES :
CURRENCY, Et Al.
:
:
Defendants.
:

Civil Action No. 2:11cv219
JUDGE SMITH
Magistrate Judge Deavers

DEFAULT JUDGMENT AND DECREE OF FORFEITURE
This cause came before the Court on Plaintiff’s Motion for
Default Judgment and Decree of Forfeiture. After a thorough review
of the record, the Court finds:
1.

On March 11, 2011, Plaintiff, the United States of

America, filed a Verified Complaint alleging that said Defendant
Currency was used or intended to be used in exchange for controlled
substances, or represents proceeds of trafficking in controlled
substances, or was used or intended to be used to facilitate the
trafficking of a controlled substance, in violation of 21 U.S.C.
§841 et seq., and is therefore forfeitable to the United States of
America pursuant to 21 U.S.C. §881(a)(6);
2.

That the aforementioned Complaint was accompanied by an

affidavit (Exhibit A to Complaint) which established probable cause
to believe the allegations set forth in said Complaint;

3.

Process was duly issued herein and returned according to

4.

Notice of the seizure of the Defendant Currency was given

law;

according to law;
5.

The default of Matthew Hughes for failure to plead or

otherwise defend as required by law was entered by the Clerk;
6.

Any other claimants have failed to come forward to timely

file herein any claim or other pleading within the time fixed by
law;
7.

The allegations of the Verified Complaint are taken as

admitted; and
8.

This Court has jurisdiction pursuant to 28 U.S.C. §§1345

and 1355.
NOW THEREFORE, based upon the above findings, and the Court
being otherwise fully advised in the matter; it is hereby:
ORDERED, ADJUDGED, AND DECREED:
1.

The Defendant Currency represents proceeds or was used to

facilitate one or more violations of 21 U.S.C. §841 et seq., said
violation

being

trafficking

in

controlled

substances

and

is

therefore forfeitable to the United States of America pursuant to
21 U.S.C. §881(a)(6) and that the Defendant, described as:
Fifteen Thousand Eight Hundred Forty and 00/100 Dollars
($15,840.00) in United States Currency;
One Thousand Nine Hundred Eight-Two and 08/100 Dollars
($1,982.08) in United States Currency; and,

2

One Thousand Seventy-Six and 00/100 Dollars $1,076.00) in
United States Currency.
is hereby FORFEITED to the United States of America pursuant 21
U.S.C. §881(a)(6).
2.

All other claims and interest in and to said property are

forever barred and that no right, title, or interest in the
Defendant Currency shall exist in any party other than the United
States of America.
3.

The United States Marshals Service shall dispose of the

forfeited property as proved by law.
day of February

IT IS SO ORDERED this 8th

, 2012.

s/ George C. Smith
HONORABLE GEORGE C. SMITH
UNITED STATES DISTRICT COURT JUDGE

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