United States of America v. Eight Thousand Seven Hundred Ninety-Six and 00/100 Dollars ($8,796.00) in United States Currency

Filing 10

ORDER granting 9 Motion for Default Judgment. Signed by Judge Gregory L. Frost on 3/16/15. (kn)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
EIGHT THOUSAND SEVEN HUNDRED
NINETY-SIX AND 00/100 DOLLARS
($8,796.00) IN UNITED STATES
CURRENCY,
Defendant.

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Civil Action No. 2:15-cv-046
JUDGE FROST
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 January 5, 2015, Plaintiff, the United States of America, filed a Verified

Complaint for Forfeiture alleging that the 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 Subchapter I of Chapter 13 of Title 21, and is therefore forfeitable
pursuant to 21 U.S.C. §881(a)(6);
2.

The aforementioned Complaint contained a verified statement that established

probable cause to believe the allegations set forth in the Complaint;
3.

Process was duly issued herein and returned according to law;

4.

Notice of the seizure of the Defendant Currency was given according to law;

5.

The default of Gregory Allen Lenora 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 pursuant to 21 U.S.C. §881(a)(6), and that the
Defendant Currency, described as:
Eight Thousand Seven Hundred Ninety-Six and 00/100 Dollars ($8,796.00) 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.

That the United States Marshals Service shall dispose of the forfeited property as

proved by law.
IT IS SO ORDERED this 16th day of March, 2015.

/s/ Gregory L. Frost
HONORABLE GREGORY L. FROST
UNITED STATES DISTRICT COURT JUDGE
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